JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

Rail is an essential mode of transport in today's Spanish society, which is safe and has little impact on the environment and energy consumption.

Therefore, it is necessary to strengthen it, favoring its development and giving it a mission of greater entity in the Spanish society and economic activity.

The Spanish Government's determination to promote rail as fast, modern and safe transport, able to compete with other modes of transport and to become the country's backbone and instrument for Improving the quality of life of citizens makes it essential to reform the current legislation.

Traditionally, the operation of the railway has covered that of the infrastructure and the railway transport services. Law 16/1987 of 30 July on the Management of Land Transports considered that, in the case of rail transport, the road-vehicle assembly constituted an operating unit, attributing the unit operation of the lines and the services of the so-called National Network Integrated Network of Spanish Railways (RENFE).

The need to convert the railway into a competitive mode of transport and to open the national railway markets to the international transport of goods made by the railway undertakings established in any Member State of the European Union, it made it necessary to approve a set of directives aimed at boosting the European railway sector. Thus, Council Directive 91 /440/EEC of 29 July 1991 on the development of the Community's railways, as amended by Directive 2001 /12/EC of the European Parliament and of the Council of 26 February 2001, lays down the to separate, at least contacably, the operation of rail transport services and the administration of infrastructure. This Directive requires Member States to open up their railway networks to undertakings and to international business groups which provide certain services of international transport, mainly of goods. For its part, Council Directive 95 /18/EC of 19 June 1995 on the granting of licences to railway undertakings established the need for a licence for undertakings providing the services referred to in Directive 91 /440/EEC. Given that certain Member States extended access rights beyond the provisions of Directive 91 /440/EEC, Directive 2001 /13/EC of the European Parliament and of the Council of 26 February 2001 amended Directive 95 /18/EC on the a sense of generalising the principles of licensing to all undertakings active in the sector in order to ensure fair, transparent and non-discriminatory treatment of such undertakings.

Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity, the levying of charges for the use and certification of railway infrastructure The aim is to ensure that railway undertakings have access to infrastructure under objective, transparent and non-discriminatory conditions and to ensure safety in the provision of rail transport services. Finally, Directive 2001 /16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system is intended to lay down the conditions to be met in order to achieve the Community territory, the interoperability of the trans-European conventional rail system. These conditions relate to the project, the construction, the putting into service, the rehabilitation, the renovation, the operation and the maintenance of the elements of said system which enter into service after the date of entry into (the day of its publication in the Official Journal of the European Communities), as well as the professional qualifications and health and safety conditions of the staff contributing to its operation.

The axes on which the reform revolves are the separation of the activities of the administration of the infrastructure and the exploitation of the services and the progressive opening of the railway transport to the competition. The achievement of these objectives requires a thorough modification of the structures and functions of the existing actors in the railway sector, as well as the creation of new ones to ensure the proper implementation of the new rules.

The new regulation of the regime applicable to the railway sector maintains the validity of the general rules on land transport contained in Law 16/1987, of July 30, of Land Transport Management. This law only expressly repeals Section 2 of Chapter II and Chapters III, IV and V of Title VI of Law 16/1987 and other rules incompatible with it.

The reform may have been limited to incorporating the above Community rules into national law.

However, this law seeks to completely reorder the state railway sector and lay the foundations for the progressive entry of new players in this market. In order to achieve these objectives, the law regulates the administration of the railway infrastructures and entrusts it to the business public entity National Network of the Spanish Railways (RENFE) that happens to be called Administrator of Railway Infrastructures and also integrates the current Railway Infrastructure Manager (GIF). The business public entity Administrator of Railway Infrastructures will be able to build, according to the Ministry of Development, the railway infrastructures with charge to its own resources or to other resources. It shall also manage the infrastructure of its ownership and those whose administration is entrusted to it by the appropriate agreement.

Also, a new business public entity called RENFE-Operadora is born, as a provider of the rail transport service whose role is basically to provide citizens with the provision of all types of services. rail services.

RENFE-Operadora assumes, within the time limits and in the manner in which the law provides, the means and assets that RENFE has had on the provision of rail services.

Finally, the possible existence of a multitude of actors in the railway market makes it necessary, on the other hand, to create a Committee for Railway Regulation that resolves the conflicts that arise between them and that ensure proper system operation.

Since the entry into force of this law, the provision of the rail freight service at the national level is opened up to competition and the access of all the railway undertakings carrying out the service is permitted. international transport of goods to the lines of the General Interest Rail Network which are part of the so-called Trans-European Rail Freight Network.

In Spain there are a number of railway networks of public ownership, both in the area of state competition and in the area of regional competition. Article 149.1.21 of the Constitution expressly states that the State has exclusive competence in the field of railways and land transport which takes place through the territory of more than one autonomous community and the general system of communications as well as in the field of public works of general interest or the performance of which affects more than one Autonomous Community. Likewise, the State has the power to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties (Article 149.1.1.a), in order to establish bases and coordination of the general planning of economic activity (Article 149.1.13.a) and to regulate the General Finance and the State debt (Article 149.1.14.a). Article 148.1.5.states that the autonomous communities may assume competence in the field of railways whose itinerary is fully developed in the territory of the autonomous community and in the same terms as the transport developed by this means. On this basis, the law builds on the aforementioned concept of a Network of General Interest on which the State has full powers, in the same way as the autonomous communities have full competence over their networks. entitlement.

Title I of the law lays down general provisions, determining the purpose and purpose of the new regulation.

Title II regulates the railway infrastructure, namely the Railway Network of General Interest. A flexible planning, project and construction scheme has been envisaged.

In addition, this title establishes the regulation on the establishment of railway service zones, develops the impact of its construction on the planning planning and regulates the limitations to the property by the determination of a public domain area, another protection zone and a building limit in respect of the railway infrastructure.

On the other hand, the aforementioned title designs the regime of management of the railway infrastructures. The new configuration of the state railway sector attributes an essential role to the railway infrastructure manager. It is for the construction and administration of railway lines, sections of the same or other elements of the railway infrastructure, which are part of the network of which, in accordance with this law, the construction and administration of railway lines are the holder and, prior to the appropriate convention, of the of the State ownership, the elaboration of the declarations on the net and the award of the necessary network capacity for the provision of the services of railway transport of passengers and goods. Finally and within this same title, the new law regulates the regime applicable to the railway infrastructures in the Ports and Airports and to the railway infrastructures of private ownership.

Title III of the law dedicates its content to the regulation of additional, complementary and ancillary services, determining both the regime that applies to them and the subjects empowered to provide them.

In the field of rail transport, Title IV is part of its consideration as a service of general and essential interest to the community which is provided under free competition, in the terms provided for in the law. Access by a company to the rail transport market, both for passengers and for goods, must be made by obtaining the appropriate licence, by establishing, in advance, compliance with a number of requirements. Once the licence has been obtained by the company, the railway infrastructure manager must be given the necessary network capacity to enable it to provide services. However, the Council of Ministers, on its own initiative or at the request of the autonomous communities or local authorities concerned, may declare in the public interest the provision of certain rail transport services on the lines or the sections of the General Interest Railway Network where such provision is loss-making or does not occur in the appropriate conditions of frequency and quality, and is necessary to ensure communication between different localities of the Spanish territory. Once it has been declared in the public interest to provide a certain rail transport service, the railway undertakings will only be able to provide it after obtaining the relevant authorisation, which will be granted by the Ministry. (i) It also provides for the possibility that the Government may, by way of exception and transition, agree on the assumption, by the General Administration of the State, of the management of certain rail transport services or the operation of certain railway infrastructure to ensure public security and national defence.

The Ministry of Public Works is also permitted to adopt measures that are necessary for the proper provision of the services of public interest or additional services, complementary or auxiliary to them.

Finally, the law seeks to clarify the legal regime applicable to rail transport in order to provide legal certainty for users. For these purposes, the right to access the transport service, in the appropriate quality and safety conditions, is determined, subject to the railway undertakings obtaining the corresponding safety certificate to be granted by the Ministry of Development or the entity determined by the Ministry of Development. In particular, provision is made for the possibility of setting up a specific administrative body, if this is laid down in Community legislation, for the purpose of granting such certificates and, where appropriate, another for the purpose of the accident investigation. In addition, users are guaranteed appropriate compensation in the event that the service will not be provided or will be improperly provided.

To complete the regulation on rail transport, Chapter IV of that Title IV includes the regime of the Special Register of Railway Companies and the one for railway personnel.

The economic and tax regime of the law, which appears in Title V, establishes the basis for business public entities and, in general, the Spanish railway system, to be economically viable. In addition to the fees for the granting of licences and safety certificates, for the safety of rail passenger transport, for the approval of training centres for railway staff and for certification of rolling stock and for the The law provides for the existence of two additional fees. The first one for the use of railway lines members of the Railway Network of General Interest which may be required for the award of the necessary network capacity for the provision of the various railway services, and the second for the use of stations and other railway installations. Finally, the law provides for a system of rates or private prices for the provision, by the administrator of railway infrastructure or by third parties, of additional, complementary and ancillary services and the commercial use of their facilities. and spaces for which the holder is a holder.

For its part, Title VI regulates the railway administration, rationalizing the system from which the Government and the Ministry of Public Works are key pieces. Within this, the Committee on Railway Regulation is created with powers to safeguard the plurality of the offer in the provision of services on the Railway Network of General Interest and to resolve the conflicts between companies rail, among others.

The sanctioning regime is subject to specific treatment in Title VII, overcomes the regime for determining the target types of offenders and specifies the statutory non-compliance. In addition, the traditional regime of infringements and sanctions is updated and adapted to the new reality, and the sanctioning procedure and the eventual adoption of provisional measures are regulated in detail.

The text of the law closes nine additional provisions, six transitional provisions, one repeal, three endings and the definitions annex. Through these rules, the new entities that will act in the state railway sector are regulated and a phased and gradual system of opening of the market of railway transport is established. In addition, a transitional regime for rail passenger transport is envisaged, with the right to exploit the services provided by RENFE-Operadora.

are provided, on the date of entry into force of the law, on the General Interest Rail Network. The law expressly repeals certain rules, including Section 2 of Chapter II and Chapters III, IV and V of Title VI of Law 16/1987 of 30 July on the Management of Land Transport, with the remainder of the precepts of this law. Finally, given the complexity of the changes that need to be made, a six-month "vacatio legis" has been planned for the entry into force of the law, since its publication in the "Official State Gazette". In that period, the Government and the Ministry of Public Works shall take all measures necessary for the operation of the new model, in particular the approval of the Statutes of the business public entities Railway Infrastructure and RENFE-Operator.

TITLE I

General provisions

Article 1. Object of the law.

The object of this law is the regulation, in the field of the competence of the State, of the railway infrastructures and the provision of railway transport services and other additional, complementary or auxiliary those.

Article 2. Finances of the law.

The following are the purposes of this law:

(a) Ensure a common system of rail transport in the territory of the State.

b) Maintain the market unit throughout the Spanish territory, in accordance with Article 139.2 of the Constitution.

c) Meeting the needs of society with the highest degree of effectiveness.

d) Facilitate the development of the common European rail transport policy, promoting the interconnection and interoperability of rail systems and the intermodality of services.

e) To determine the guidelines for coordinating the actions of the various public bodies and administrations with competence in the field of transport, as soon as they can have an impact on the railway sector.

(f) The legal regime applicable to the railway infrastructure of the services provided for them.

g) Previewing a licensing system that will allow access to the market for railway companies.

(h) Regular, within the scope of State competence, access to the railway infrastructure by means of a procedure for the allocation of capacity based on the principles of objectivity, transparency and non-compliance discrimination.

i) Promote the conditions of competition in the provision of railway services, in accordance with what is established in it, with respect to the principles of objectivity, transparency and non-discrimination.

j) Establish the criteria for the provision of railway services to be carried out effectively, in continuity and in good security conditions.

k) Promote and regulate the construction of new railway infrastructure and the development of new state competition services and promote territorial, economic and social cohesion.

l) Ensure the efficiency of the state rail system through adequate utilization of available resources.

m) Protecting the interests of users, with special attention to persons with disabilities or reduced mobility, guaranteeing their rights to access to rail transport services in appropriate conditions quality and the choice of the company that provides them.

n) Determine the organs of the State Railway Administration and its legal status.

TITLE II

The rail infrastructure

CHAPTER I

General provisions

Article 3. The railway infrastructure.

For the purposes of this law, railway infrastructure shall mean the totality of the elements forming part of the main and service routes and the branch of diversion for private persons, with the exception of tracks located within the repair shops of rolling stock and of the tanks or garages of traction machines. Among these elements are the grounds, the stations, the cargo terminals, the civil works, the level steps, the facilities linked to security, the telecommunications, the electrification, the signalling of the lines, lighting and the processing and transport of the electrical energy, its attached buildings and any other buildings which are determined to be determined.

Article 4. The Railway Network of General Interest.

1. The General Interest Rail Network is composed of railway infrastructure which is essential to ensure a common system of rail transport throughout the territory of the State or whose joint administration is necessary for the proper functioning of such a common transport system, such as those linked to international traffic routes, those linked to the different autonomous communities and their connections and access to the main population and transport or essential facilities for the economy or national defence.

2. It is up to the Minister of Public Works to agree, at any time, on the inclusion, in the General Interest Rail Network, of new railway infrastructure where reasons of general interest justify it, after reporting by the Autonomous Communities affected.

If the railway infrastructure that is intended to be included in the General Interest Railway Network, in its entirety, runs through the territory of a single autonomous community and without connection to the rest of the Network, it will be necessary to such inclusion your prior consent.

3. The Minister for Public Works may exclude, after reporting from the Autonomous Communities concerned, a particular railway infrastructure of the Railway Network of General Interest provided that the reasons of general interest have disappeared justified their inclusion in that. Such railway infrastructure may be transferred to the relevant autonomous community.

The transfer file will be promoted at the request of the Autonomous Community or the Ministry of Public Works, and will be resolved by the Council of Ministers.

4. The State and the autonomous communities with railway infrastructure of their ownership shall cooperate in order to facilitate the connection between these railway infrastructures and the Network of General Interest, promoting interoperability between different networks.

CHAPTER II

Planning, project and construction of railway infrastructure members of the General Interest Railway Network

Article 5. Planning of railway infrastructure members of the Railway Network of General Interest.

1. It is for the Ministry of Public Works, the Autonomous Communities concerned, the planning of the railway infrastructure members of the Railway Network of General Interest and the establishment or modification of the railway lines or of sections thereof. It shall also be governed by rules governing the establishment or modification of other elements to be part of the Railway Network of General Interest.

2. For the establishment or modification of a line or section of the Railway Network of General Interest, approval by the Ministry of Public Works of an information study shall be required in accordance with the provisions of this Law and the regulatory regulations that develop it.

The information study includes the analysis and definition, in both geographical and functional aspects, of the options for drawing a particular action and, where appropriate, the selection of the most recommendable alternative. as a proposed solution. The information study shall include the environmental impact assessment of the options set out and shall constitute the basic document for the purposes of the relevant environmental assessment provided for in the environmental legislation.

3. For processing, the Ministry of Public Works will have to submit the information study for the autonomous communities and local authorities concerned, so that, within one month, they will examine whether the proposed route is the most appropriate for the general interest and for the interests they represent. After that period without the public authorities reporting on this, they shall be understood to be in accordance with the proposed solution.

In the case of new railway lines, of sections of the same or other elements of the railway infrastructure, not included in the current urban planning of the population centres to which they affect, manifest, necessarily reasoned, the dossier shall be raised to the Council of Ministers which shall decide whether the project should be implemented and, in this case, agree to the modification or revision of the planned planning, which shall be accommodated the project's determinations within one year of its approval.

4. At the same time as the report referred to in the previous paragraph, the information report shall be submitted in the form laid down in Law No 30/1992 of 26 November 1992, of the Legal System of the General Administration and the Rules of Procedure. Common Administrative, to a process of public information for a period of 30 working days. The observations made in this process must be based on the overall design of the route. The processing of the public information file corresponds to the Ministry of Public Works.

5. Once the deadlines for hearing and public information have been completed, the Ministry of Public Works will forward the complete file, which will include the information study and the outcome of the proceedings for hearing and public information, to the Ministry of the Environment. Environment for the purposes of environmental legislation.

6. Completion of the processing provided for in the preceding paragraph, the Ministry of Public Works shall be responsible for the formal approval of the information study which shall determine the inclusion of the line or section of the network to which it relates, in the Network Railway of General Interest, in accordance with the provisions of Article 4.2.

For the purposes of the revisions of the urban planning instruments, or in cases where a type of instrument other than the previously existing instrument is approved, the new railway lines or sections thereof shall be included. contained in the previously approved information studies.

Article 6. Projection and construction of railway infrastructure members of the Railway Network of General Interest.

1. The basic and construction projects of the railway lines or sections thereof shall be approved and implemented as provided for in the relevant resolution of the Ministry of Public Works which determines its establishment or, where appropriate, modification. The resolution shall determine whether the exercise of the above powers is the responsibility of the Ministry of Public Works or the railway infrastructure manager.

It is understood by project of construction that it establishes the complete development of the solution adopted in relation to the necessity of a certain railway infrastructure, with the necessary detail to make feasible its construction and further exploitation. The basic project is the part of the construction project that contains the geometrical aspects of the project, as well as the concrete definition of the affected goods and rights.

2. Approval of the relevant basic project or of the construction of railway lines, sections of the same or other elements of the railway infrastructure or of modification of the pre-existing ones requiring the use of new land, the declaration of public utility or social interest, the need for occupation and the declaration of urgency of the occupation, for the purposes of the compulsory expropriation of those in which the line, section or element of the line is to be constructed; railway infrastructure or that are necessary to modify the pre-existing ones, as provided for in the expropriation legislation.

3. Where the railway infrastructure manager is responsible for the construction of the railway infrastructure, the power of expropriation shall be exercised by the General Administration of the State and the beneficiary of the expropriation shall be the own railway infrastructure manager who will pay the justiceof the expropriations.

Article 7. Impact of railway infrastructure on urban planning. Municipal control.

1. The General Plans and other general urban planning instruments shall qualify the land occupied by the railway infrastructure as part of the Railway Network of General Interest as a general rail system or equivalent and shall not include determinations that prevent or disturb the exercise of the powers conferred on the railway infrastructure manager.

2. In addition, in cases where the wording, revision or amendment of an urban planning instrument affecting railway lines, sections of the railway infrastructure or the railway infrastructure is agreed upon, it shall be agreed upon. Article 9, the body with the authority to agree on its initial approval, must send the contents of the project to the Ministry of Public Works before it, within a period of one month from the date of its receipt and binding in respect of matters falling within its competence, report understanding of the observations which, where appropriate, it considers appropriate. If the report referred to by the Ministry referred to above has not been evacuated, its conformity with the project shall be understood.

3. Works of construction, repair or maintenance of railway lines, sections of railway lines or other elements of the infrastructure shall be considered as works of general interest and their projects shall, in advance, be approved, communicated to the competent urban administration, for the purpose of checking their suitability for the relevant information study and issuing the appropriate report, which shall be understood to be favourable if one month elapses from the date of submission of the timely documentation without being referred to.

Such works shall not be subject to the municipal preventive control referred to in Article 84.1.b) of Law 7/1985 of 2 April, regulating the Bases of the Local Regime.

4. The railway infrastructure manager shall not specify the authorisations, permits or administrative licences for the first installation, operation or opening provided for in the regulations in force for the development of related activities, directly to rail traffic.

5. The authorisations and, where appropriate, the concessions granted to individuals for the performance of works or activities in the service area, shall not exempt their holders from obtaining the permits, licences and other authorizations which, in each case, are required by other legal provisions.

Article 8. Level Steps.

1. Road crossings or other routes of communication with railway lines which are produced by the establishment or modification of any of them shall, in any event, be carried out at different levels.

Only, on an exceptional basis and for justified reasons, the provisional establishment of new level steps may be authorised for the time strictly necessary and in the form that is regulated.

2. The Ministry of Public Works and Public Administrations with competence in the field of roads shall, as provided for in the budget and in accordance with the conventions which, where appropriate, be concluded, provide for the abolition of steps at the existing level and, where appropriate, their replacement by cross-level crossings in the form that is regulated in regulation.

3. The Ministry of Public Works, directly or through the railway infrastructure manager, and in order to preserve and improve the safety of road and road users and the railway, will be able to perform the reordering of at the level, as well as its access, both public and private, guaranteeing in the latter case access to the affected premises.

4. The administrative approval of the projects for the construction of crossings at a different level and those of the necessary works for the reordering, concentration and improvement of the steps at the level and their accesses, including the improvement of their visibility, will lead to the declaration of public utility and the urgency of the occupation for the purposes of the expropriation of the goods which might be necessary for such actions. For the approval of these projects, the existence of the public information procedure will not be necessary when the actions to be carried out do not entail a substantial modification in the functionality of the affected line.

These works are not subject to the acts of municipal preventive control referred to in article 84.1.b) of the Law Regulatory of the Bases of the Local Regime and have the character of works of conservation, maintenance and replacement of railway installations. However, new construction projects must be submitted to a report of the competent urban administration which shall be deemed to have been issued favourably if it has not been expressly evacuated within one month from the date of receipt of the the documentation.

5. The existing special steps, established for the service of certain farms or farms of any kind, shall be governed by the conditions laid down in the relevant authorization, with their expressly prohibited. use by different persons or for traffics or purposes other than those covered by it. The Ministry of Public Works may, on its own initiative or on a proposal from the public authorities responsible for roads, agree to the closure of the steps at the level established on private roads where the holders of the same do not respect the the conditions of the authorisation or do not properly address their preservation, protection and signalling, or where the crossing of the track can be carried out by other nearby steps, at the same or at different levels. The conditions of the authorisation granted for the establishment of the step at a level may be amended or new security or passing requirements may be imposed where the circumstances of the road or the crossing have changed since the date of granting. of that.

6. They shall not have the consideration of steps at level for the purposes of this law, the intersections of roads or routes of communication with railway lines when those are produced within or on the access to industrial or port areas, provided that the following circumstances are met:

(a) that the operator of these railway lines shares with the responsible of the road the management of the traffic in the crossing points.

b) That the preference in these points is fixed at each moment according to the aforementioned system of management of the traffics, being able to share the platform of the railway line with the road traffic.

Such intersections shall have the protection that corresponds to what is determined to be regulated and the trains shall limit their maximum circulation speed to those at 40 kilometres per hour.

Article 9. Railway service areas.

1. The Ministry of Public Works may define, in particular in areas linked to stations or freight terminals, railway service areas which shall include the land necessary for the implementation of railway infrastructure and for the implementation of the of the activities of the railway infrastructure manager, those intended for tasks complementary to those and the reserve spaces to ensure the development of the rail service.

Without prejudice to the activities referred to in the preceding paragraph, other industrial, commercial and service activities may be carried out within the railway service area, the location of which is justified by its

relationship to those, in accordance with what is determined by the Project on Delimitation and Use of Railway Spaces and the corresponding urban planning.

The applicable regime, within the railway service areas, to the grounds necessary for the implementation of railway infrastructure and for the performance of the infrastructure manager's own activities The railway shall comply with the provisions of the Draft delimitation and use of railway spaces referred to in the following

.

2. The establishment of the service area will be carried out through a Project of Delimitation and Use of Railway Spaces, which will include the activities that are planned to develop in the various areas as well as their justification or convenience. The project will be developed by the railway infrastructure manager and approved by the Minister for Development.

The content, the documentation and the procedure to be followed for approval will be established, which will necessarily include the issue of the report by the local urban authorities and autonomics on aspects of their competence.

The approval of the Draft Delimitation and Use of Railway Spaces will imply the declaration of public utility or social interest, the need for occupation and the declaration of urgency of the same, for purposes expropriatory, of the goods and rights necessary for its implementation.

Article 10. Urban consideration of service areas.

1. The General Plans and other general urban planning instruments shall qualify the land for railway service areas as a general rail system or equivalent and shall not include any determinations which prevent or disturb the exercise of the powers conferred on the railway infrastructure manager.

2. The general railway system referred to the service areas established in the appropriate Project of Delimitation and Use of Railway Spaces will be developed through a Special Plan of ordination of the area of railway service equivalent instrument, which shall be processed as follows:

(a) The railway infrastructure manager may formulate the draft Special Plan, which shall be processed and approved, as a public initiative plan, by the competent planning authority under the legislation applicable in each case.

b) Concluded the processing, prior to the definitive approval, the competent planning authority will give the plan to the manager of the railway infrastructure, in order for it to issue a report on the issues of their competence within the maximum period of one month.

(c) If the plan is not to be moved, within six months of its referral by the railway infrastructure manager to the body responsible for processing, or disagreement between the two authorities. on its content, the Urban Administration shall not be able to approve it definitively, and must start a negotiation period with the railway infrastructure manager in order to obtain an express agreement within two months.

Expiry of that period without agreement, the dossier shall be forwarded to the Council of Ministers which shall decide, on a binding basis, on the questions which are the subject of disagreement.

3. The work carried out in the railway service area shall be adapted to the Special Planning Plan for this or the equivalent instrument. In order to establish this requirement, the competent urban administration must be required to report before it is carried out, which shall be deemed to be favourable if one month elapses from the date of submission of the relevant documentation. which has been referred.

4. In the event that the Special Planning Plan for the railway service area or equivalent instrument referred to in the previous paragraph has not been approved, the works carried out by the railway infrastructure manager in the Railway service area shall be compatible with the Project for the Delimitation and Use of Railway Spaces.

5. The suspension of the implementation, by the town planning bodies, of the works carried out by the railway infrastructure manager shall not be suspended if they are carried out in compliance with the plans and projects of approved works. by the competent bodies.

Article 11. Closure of lines or sections of the railway infrastructure.

1. When the economic result of the operation of a railway line is highly deficient, the Council of Ministers, at the request of the Minister for Development, may agree to its closure. In the proposal made by the Minister for Development to the Council of Ministers, the prior compliance with the provisions of Article 4.3 shall be established.

2. Prior to the adoption of the closure agreement of the affected line or section, the Ministry of Public Works shall bring it to the attention of the autonomous communities or local entities that may be affected. If the Autonomous Communities or Local Entities do not assume the funding for the administration of the railway line or section thereof, the Council of Ministers shall agree to its closure.

3. The closure of elements other than lines and sections shall be agreed in accordance with the conditions laid down by the Ministry of Development and in accordance with the conditions and procedure laid down in the preceding paragraphs.

CHAPTER III

Limitations to the property

Article 12. Public domain zone, protection zone, and building limit.

For the purposes of this law, they are established on the railway lines that form part of the General Interest Railway Network, a public domain zone, another protection zone and a building limit. Both the referred areas and the building limit will be governed by the provisions of this law and its development provisions.

The organs of the State Administration, in the exercise of the powers that correspond to them in relation to the areas of public domain and protection and with the limit of construction, will be coordinated with the other organs of the or other public administrations which are legally entrusted with powers in relation to land which has a special safeguard.

Article 13. Public domain zone.

1. They comprise the area of public domain the land occupied by the railway lines forming part of the General Interest Rail Network and an eight metre strip of land on either side of the platform, measured in horizontal and Perpendicular to the axis of the same, from the outer edge of the esplanation.

2. The outer edge of the esplanation is the intersection of the slope of the dismount, of the embankment or, where appropriate, of the holding walls adjoining the natural terrain.

3. In the case of special cases of bridges, viaducts, structures or similar works, lines of vertical projection of the edge of the works on the ground may be set as external edges of the esplanation, being, in any case, public domain ground running between the referred lines.

4. In the tunnels, the determination of the area of public domain shall be extended to the area of the land necessary to ensure the conservation and maintenance of the work, according to the geotechnical characteristics of the land, its height on those and the disposal of their elements, taking into account circumstances such as their ventilation and their access.

Article 14. Protection zone.

The area of protection of railway lines consists of a strip of land on either side of the lines, internally defined, by the area of public domain defined in the previous article and, subsequently, by two lines parallel to 70 metres from the outer edges of the esplanation.

Article 15. Special rules.

1. In order to implement, in areas of public domain and protection of the railway infrastructure, any type of fixed or temporary works or installations, change the destination of the same or the type of activity that can be performed on them and Planting or cutting down trees shall require the prior authorisation of the railway infrastructure manager. The provisions of this paragraph are without prejudice to the powers of other public administrations.

Any works that are carried out in the public domain area and in the protection zone and which are intended to safeguard landscapes or buildings or to limit the noise caused by the transit through the railway lines, will be costed by the promoters of the same.

However, only works or installations in the area of public domain may be carried out, subject to the authorisation of the railway infrastructure manager, where they are necessary for the provision of the service. rail or when the provision of a service of general interest so requires.

Exceptionally and for duly justified reasons, the crossing of the area of public domain, both air and underground, may be authorised by private works and installations.

In the case of occupation of the area of public railway domain, the one who will perform it will be obliged to the cleaning and collection of the material located in the occupied grounds up to the limit of the aforementioned zone of public domain, prior to the request of the public administration or the railway infrastructure manager of the line. If the requirement is not addressed within the time period conferred, it shall act in a subsidiary way the mentioned public administration or the operator of the railway infrastructure holder of the line, by carrying out the necessary tasks of the cleaning and collection of the material, leaving the occupant of the grounds liable to compensate for the costs incurred for such action.

2. In the protection zone, no works may be carried out and no more uses shall be permitted than those which are compatible with the safety of rail traffic prior to the authorisation of the railway infrastructure manager. The latter may use or authorise the use of the protection zone for reasons of general interest or where the best service of the railway line requires it.

The occupation of the protection zone and the damages caused by its use, in accordance with the Law of 16 December 1954, of Compulsory Expropriation, shall be indemnified.

The refusal of the authorisation shall be based on the forecasts of the plans or projects for the extension or variation of the railway line in the ten years after the agreement.

3. Agricultural crops may be cultivated in the protection zone, without prior authorization, provided that the correct evacuation of the irrigation waters is ensured and no damage is caused to the plaid, the burning of stubble.

4. In existing buildings and installations, works of repair and improvement can be carried out exclusively, provided that they do not increase the volume of the construction and without the increase in value that those behave can be dyed for the purposes of expropriation. In any event, such works shall require the prior authorisation of the railway infrastructure manager, without prejudice to any other permits or authorisations which may be necessary in accordance with the applicable rules.

5. Regulation may be determined a distance lower than that laid down in the preceding Articles for delimiting the area of public domain and the area of protection, depending on the technical characteristics of the railway line concerned and of the characteristics of the floor by which the line runs.

6. On land classified as urban consolidated by the corresponding urban planning, the distances established in the previous articles for the protection of the railway infrastructure will be five meters for the domain zone public and eight meters for the protection, counted in all cases from the outer edges of the esplanation. These distances may be reduced by the Ministry of Public Works, provided that the need for the reduction is established and does not cause damage to the regularity, conservation and free transit of the railway without, in any case, the corresponding to the public domain zone may be less than two metres.

Article 16. Building limit.

1. On both sides of the railway lines forming part of the Railway Network of General Interest, the building limit line is established, from which to the railway line any type of construction work is prohibited, reconstruction or enlargement, with the exception of those that are essential for the preservation and maintenance of existing buildings at the time of the entry into force of this law. The establishment of new high-voltage power lines within the area affected by the building limit line is also prohibited.

2. The building limit line is located 50 metres from the nearest outer edge of the platform, measured horizontally from the aforementioned edge.

Reglamentarily, a lower distance than the one provided in the preceding paragraph may be determined for the building boundary line, depending on the characteristics of the lines.

3. In addition, the Ministry of Public Works, with the prior report of the autonomous communities and local authorities concerned, may, for geographical or socio-economic reasons, set a building limit line other than that laid down in general terms, applicable to certain railway lines forming part of the General Interest Railway Network, in areas or areas defined.

4. As a general rule, on railway lines forming part of the General Interest Railway Network running through urban areas, the Ministry of Public Works may establish the building limit line below the distance fixed at Paragraph 2, provided that the relevant planning planning so permits.

Article 17. Expropriation of existing goods in the protection zone up to the building limit line.

In the protection zone up to the building limit line, the railway infrastructure manager will be able to request the Ministry of Public Works for the expropriation of goods that will have to be considered a domain public, the declaration of public utility and the need for its occupation are implicit, provided that their interest is justified for the proper provision of railway services and for the safety of the movement.

Article 18. Illegal works and activities in areas of public domain or protection of the railway infrastructure.

1. The Government Delegates shall, at the request of the Ministry of Public Works or of the railway infrastructure manager, have the work or facilities stopped and the suspension of prohibited, unauthorised or non-compliant uses. conditions laid down in the authorisations. The sealing of the works or installations concerned may also be carried out.

2. The Government Delegate shall be interested in the Ministry of Public Works or the railway infrastructure manager, who shall carry out the proper verification of the completed works and the suspended uses, and shall, within two months, months after the instance and after hearing of those who may be directly affected, one of the following resolutions:

(a) The demolition of the works or installations and the definitive prohibition of the prohibited uses, not authorized or which do not conform to the authorizations granted.

b) The initiation of the appropriate file for the eventual regularization of the works or installations or authorization of the permitted uses.

3. The adoption of the appropriate arrangements shall be without prejudice to any sanctions and any order of responsibility resulting from them.

CHAPTER IV

The administration of rail infrastructure

Article 19. Content and scope of the administration of the railway infrastructure.

1. The management of the railway infrastructure integrated into the General Interest Railway Network is aimed at maintaining and operating those infrastructure, as well as the management of its control, traffic and safety system.

2. The management of railway infrastructure is a service of general and essential interest to the community which will be provided in the form provided for in this law.

CHAPTER V

The rail infrastructure manager

Article 20. Legal nature of the railway infrastructure manager.

The management of the railway infrastructure and, where appropriate, its construction will correspond, within the ambit of the state competition, to a business public entity attached to the Ministry of Development that will have own legal personality, full capacity to act and own patrimony and shall be governed by the provisions of this law, in Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, in its own Statute and in the other rules applicable to it.

Article 21. Responsibilities and tasks of the railway infrastructure manager.

1. The following powers are conferred on the railway infrastructure manager:

(a) The approval of the basic projects and the construction of railway infrastructure to be part of the General Interest Railway Network and its construction, provided that it is carried out with its own resources and with determined by the Ministry of Public Works.

(b) Construction, with other resources, of railway infrastructure, in accordance with the relevant convention.

c) The management of the railway infrastructure of its ownership and of which it is entrusted by the appropriate agreement.

(d) the control and inspection of the railway infrastructure which it administers, its protection zones and the railway traffic which it produces.

e) The exploitation of the property of your property, of which you are assigned and of those whose management is entrusted to you.

(f) The preparation and publication of the declaration on the network referred to in Article 29.1.

g) The allocation of infrastructure capacity to the railway undertakings that request it and the conclusion of framework agreements with those.

h) The issuance of reports prior to the granting, by the Ministry of Public Works, of the licenses of railway undertakings and of the authorizations to provide services that have been declared in the public interest, in the cases provided for in this law.

i) The granting of security certificates, when determined by the Ministry of Public Works.

j) The provision of additional, complementary and ancillary services to the rail transport service.

k) The fixing of the rates for the provision of additional, complementary and ancillary services.

(l) The charging of fees for the use of railway infrastructure and, where applicable, fees for the provision of additional, complementary and ancillary services.

(m) Cooperation with bodies in other Member States of the European Union to manage railway infrastructure, to establish and to allocate infrastructure capacity covering more than one national network.

n) The resolution of the claims of patrimonial liability that are formulated with respect to the action of the same.

or) Other than any other assigned to you in this law or its development provisions.

2. The railway infrastructure manager shall not be able to provide rail transport services, except for those which are inherent in its own activity.

3. In order to fulfil its tasks, the railway infrastructure manager may carry out all kinds of administrative and provision acts provided for in civil and commercial law.

4. In the performance of his duties, the railway infrastructure manager shall act with management autonomy within the limits laid down by his Staff Regulations and taking into account, in any event, the guarantee of public interest, of social needs, user safety and the overall efficiency of the rail system.

Article 22. Management and construction of railway infrastructure by the railway infrastructure manager.

1. It is for the railway infrastructure manager to manage the railway infrastructure of which it is a holder.

2. In addition, the Ministry of Finance and the Ministry of Public Works will be able to entrust the administration of the infrastructure that is owned by the State, to the railway infrastructure manager, by establishing the basic guidelines that will to preside over such a mandate, pointing out the objectives and objectives to be achieved, determining the levels of investment and proposing the amount of the State's economic contributions, for the purposes of its inclusion in the corresponding Budget Law State generals. The ends shall be translated into the appropriate agreement or contract-programme. The latter shall ensure the consistency and continuity of the management of the network whose ownership belongs to the State, shall provide for the results of the network, shall commit the relevant financial support and may attribute to the infrastructure manager the exercise of the powers referred to in Article 24 (2) in respect of the public domain assets of State ownership linked to the railway activity.

The General Intervention of the State Administration will issue a financial control report on the degree of execution of the economic forecasts of the contract-program, in which its technical opinion on the the liquidation of the contributions to be made by the State.

3. The construction and management of the railway infrastructure by the railway infrastructure manager shall be carried out in accordance with the following

:

(a) The construction and administration, including maintenance, of the lines of its ownership or the one entrusted to it by the Ministry of Public Works, shall be undertaken by the railway infrastructure manager himself. pursuant to paragraph 1 (a) and (b) of the preceding Article.

(b) The railway infrastructure manager shall process the procurement files relating to the construction or modification of the railway infrastructure and shall be competent to select the contractor to whom it is entrusts the execution of the contract, adjusting its activity to the recast text of the Law of Contracts of Public Administrations, approved by Royal Legislative Decree 2/2000, of June 16.

(c) The activity of recruitment in relation to electrification and signalling, the maintenance of railway infrastructure and the management of the traffic control, traffic and safety system shall be carried out by the (a) the management of railway infrastructure, subject to Law 48/1998 of 30 December 1998 on procurement procedures in the water, energy, transport and telecommunications sectors, which are incorporated into the Spanish legal order Directives 93 /38/EEC and 92 /13/EEC.

In cases where this law does not apply, the railway infrastructure manager shall accommodate his/her performance in the private legal system, with compliance with the principles of publicity and competition, in the terms specified in the Staff Regulations.

4. However, the functions inherent in the management of the control, movement and security system may not be entrusted to third parties.

5. The railway infrastructure manager may carry out the construction or administration of railway infrastructure by the conclusion of the appropriate contract for the award of public works, which shall be governed by the provisions of the text recast of the Law of Contracts of Public Administrations, with the specifications provided for in this Law. In this case, the railway infrastructure manager shall be responsible for the result of the activity carried out by the concessionaire.

In the contract documents governing the contract, provision may be made for the concessionaire to be paid for the execution of the work by the price paid by the users for the use of the infrastructure, the income from the exploitation of the commercial areas linked to them or the performance of complementary activities such as the use of hotels, service stations, car parks or leisure or recreational establishments and, where appropriate, by means of the contributions they may provide

(a) to carry out the railway infrastructure manager himself.

Article 23. Resources of the railway infrastructure manager.

The economic resources of the railway infrastructure manager may be any of those listed in Article 65 (1) of the Law on the Organization and the Functioning of the General Administration of the State. The economic resources of the railway infrastructure manager include:

1. The State's capital contributions, which shall constitute the entity's own resources.

2. º Those who obtain for the management and exploitation of their assets or of that whose management is entrusted to them and for the provision of services to third parties.

3. The revenue, commercial or other nature, resulting from the execution of the agreements or contracts concluded with the State for the construction and administration of the railway infrastructure of ownership of the State.

4. º Fees the amount of which is to be charged by affectation, in accordance with this law.

5. The Community funds that can be allocated to you.

6. The charges levied on the use of railway infrastructure.

7. The grants that, if any, may be included in the General Budget of the State.

8. The State's contributions for a loan, which, if any, may be included in the General Budget of the State of each financial year.

9. The financial resources from borrowing operations, the annual limit of which will be set in the General Budget laws of the State of each financial year.

10. º Donations.

11. º Those who obtain for the execution of the conventions that they celebrate with the autonomous communities, local entities or with private entities.

12. No. Other financial or non-financial income and other income that you obtain in accordance with the provisions of the law or the regulations that develop it.

Article 24. The assets of the railway infrastructure manager.

1. The railway infrastructure manager shall have, for the purposes of his purposes, a property of his own, other than that of the General Administration of the State, consisting of all the goods, rights and obligations of which he is holder.

It is the ownership of the railway infrastructure manager for the goods and rights assigned to it by law or regulation and those that it acquires or builds with its own resources.

In no case, will the infrastructure manager's assets be the infrastructure which, in the future, will be built from the resources of the State or a third party.

2. The railway infrastructure manager may, at any time, exercise in respect of the public domain property of his or her ownership or of those whose management has been attributed to him by the State, the powers of administration, defence, police, investigation, deslinde and post-death recovery that grants to the General Administration of the State the articulated text of the Law of State Heritage, approved by Decree 1022/1964, of April 15.

It shall also be the responsibility of the railway infrastructure manager, in respect of the goods in the public domain of his ownership, to establish the system of use of the same and to grant the authorizations, and titles allowing for the possible use by third parties.

3. All the lines, the land occupied by them and the facilities that are made entirely in the area of public domain are public domain. The public domain property of the administrator of railway infrastructure which is unnecessary for the provision of services of general interest and essential for the community which it carries out may be affected by it. The disaffection shall be carried out on the basis of a declaration of innecessity by the competent authority of the railway infrastructure manager to be laid down in his Staff Regulations and shall determine the incorporation into his assets of the goods. disaffected, which may be the subject of disposal or permuse.

4. The public domain assets of the State whose management corresponds to the railway infrastructure manager and which are unnecessary for the provision of services of general interest may be affected by the Ministry of Public Works prior notice to the Ministry of Finance. The assets affected shall be incorporated into the assets of the railway infrastructure manager.

Article 25. Recruitment of labour staff and budgetary arrangements.

1. The legal status of the staff of the railway infrastructure manager and its recruitment shall be in accordance with the law of the labour law, as provided for in Article 55.1 and 2 of Law 6/1997 of 14 April of the Organisation and Operation of the General Administration of the State.

2. The budgetary procedure, the economic-financial system, the accounting system, the intervention and the financial control system of the railway infrastructure manager shall be determined in their Staff Regulations, as laid down in the recast text of the the General Budget Law adopted by Royal Decree 1091/1988 of 23 September.

Article 26. Tax regime.

The railway infrastructure manager will be subject to the own tax regime of the business public entities, with the particularities that this law provides.

Article 27. Control of the performance of the railway infrastructure manager.

1. The technical and efficiency control of the management to be carried out by the railway infrastructure manager shall be carried out by the Ministry of Public Works, basically through the following procedures:

(a) Through its intervention, in the procedure for the approval of the operating and capital budgets and in the Programme of Action, Investments and Financing of the Railway Infrastructure Manager.

(b) By means of the audits or financial and management controls that are necessary and carried out by the Ministry itself or the entity designated by it and without prejudice to the functions of the General Intervention of the State Administration.

(c) By means of the communication by the railway infrastructure manager of the data and agreements relating to the matters which it determines may, in any case, require the documentation it deems necessary, and carry out, directly, the examination of the accounting or other aspects of the management, where appropriate.

d) Carrying out the inspection actions on the provision of services.

2. The budgetary and financial control of the railway infrastructure manager shall be carried out in accordance with the provisions of the recast text of the General Budget Law.

Article 28. Status of the railway infrastructure manager.

It will be up to the Council of Ministers by royal decree, at the initiative of the Ministry of Public Works and on the joint proposal of the Ministries of Public Administrations and Finance, to approve the Statute of the railway infrastructure. The Statute shall determine its basic organisational structure, its management bodies, its composition and powers and its legal status, which shall in any event be consistent with the criteria laid down in this law.

CHAPTER VI

Statement on the network

Article 29. Content, elaboration, characteristics and publication of the statement on the network.

1. The network declaration shall set out the characteristics of the infrastructure made available to railway undertakings and shall inform the railway undertakings about the capacity of each section of the network and the conditions of access to it. It shall also detail the general rules, deadlines, procedures and criteria governing the allocation of capacity and the charges and principles of charging to be applied to the various services provided by the undertakings. railway. Finally, it will contain any other information that might be needed to cure an infrastructure capacity request.

The railway infrastructure manager is obliged to draw up and publish the said network statement.

2. The Ministry of Public Works, by Order, will determine the content of the statement on the network.

CHAPTER VII

Award of infrastructure capacity

Article 30. Concept of capacity allocation.

The allocation of infrastructure capacity is the allocation by the railway infrastructure manager of those slots, as defined in the network declaration, to the relevant candidates with the purpose of a train to be able to circulate, between two points, for a specified period of time.

Article 31. Candidates.

1. Applications for infrastructure capacity may be submitted by those railway undertakings which have previously obtained a railway undertaking licence and also by the international business groupings which they represent. such companies.

2. They may also apply for infrastructure capacity, in the form and in compliance with the requirements to be laid down in regulation, transport operators, shippers and combined transport operators who, without taking account of the railway undertakings, are interested in the operation of a rail service.

Article 32. Ability to impose requirements on candidates.

The railway infrastructure manager, in accordance with what is regulated and in order to protect its legitimate expectations in terms of revenue and the future use of the infrastructure it manages, may impose requirements on candidates, provided that they are appropriate, transparent and non-discriminatory. Such requirements shall be notified to the European Commission and shall relate solely to the provision of financial guarantees in favour of which the amount shall be proportional to the level of activity envisaged and the technical and economic conditions of the candidates for the exercise of their activity.

Article 33. Award procedure.

1. The railway infrastructure manager shall, for the allocation of capacity, adjust the procedure to be determined by the Order of the Ministry of Public Works.

2. The arrangements applicable to infrastructure capacity applications, their coordination, the congested infrastructure and the capacity increase plan shall be the subject of development by the Order of the Ministry of Public Works of the Previous section.

Article 34. Special measures in the event of disturbances in rail traffic.

1. In the event of an accident, technical failure or any other incident affecting rail traffic, the railway infrastructure manager shall take all necessary measures to restore the normal situation. To this end, it shall draw up a contingency plan, without prejudice to the provisions of Law 2/1985 of 21 January on Civil Protection and the powers of the Autonomous Communities in this field.

2. Where, for any reason, the infrastructure is temporarily unusable, the railway infrastructure manager may suspend, without prior notice, the provision of the rail service on such infrastructure for the the necessary repairs must be carried out as a matter of urgency. In such cases, the railway undertakings concerned shall not be entitled to require compensation or compensation.

3. In the cases provided for in this Article, railway undertakings shall be obliged to make available to the railway infrastructure manager the resources which he considers appropriate and to provide the railway infrastructure manager with the necessary cooperation. required.

Article 35. Capacity usage rights.

1. The right of use for infrastructure capacity shall be awarded by the railway infrastructure manager and shall not be transferred to another undertaking once it has been attributed to a candidate. The use of capacity by a railway undertaking, operating on behalf of a successful tenderer which is not a railway undertaking, shall not be considered to be transferred. In such a case, the use of capacity shall be carried out for the purposes of the successful tenderer's own business, which shall be one of those referred to in Article 31.2.

2. In any event, any legal business on the capacity of the infrastructure awarded is prohibited.

The violation of this precept will determine the revocation of the license.

3. The rights and obligations of the railway infrastructure manager and of the candidates, as regards the allocation of capacity, shall be established by Order of the Ministry of Public Works.

CHAPTER VIII

Railway infrastructure at ports and airports

Article 36. Applicable regime.

1. Railway infrastructures which, at any time, exist in the area of the Ports of General Interest and are connected with the General Interest Railway Network, will be part of the Network since it is established by the Order of the Ministry

2. The Port Authority of each Port of General Interest shall exercise in respect of the existing railway infrastructures in the Ports of General Interest, the functions that are attributed to the administrator of railway infrastructures in the paragraphs (a), (b), (c), (d), (e), (i), (k), (l) and (o) of Article 21 (1).

3. The connection of the railway infrastructure referred to in the previous paragraph with the General Interest Rail Network shall be governed by a convention setting out the obligations and rights of each of the parties, with to the following principles:

(a) The railway infrastructure manager shall establish, in accordance with the guidelines laid down by the Ministry of Public Works, the rules for the physical connection of the railway infrastructure managed by that and those managed by the Port Authority

corresponding, as well as for the management of the circulation operations of the same.

b) The Harbour Authority in question will establish, after favorable report of Ports of State regarding the Ports of General Interest, the rules for the design and the exploitation of the existing network in each port, as soon as does not disturb the proper functioning of the General Interest Railway Network managed by the railway infrastructure manager.

The convention referred to in this paragraph, which affects the Ports of General Interest, shall be concluded jointly by the corresponding Port Authority and the railway infrastructure manager, subject to prior authorisation. of the Minister for Development. The convention shall include any operational aspects of the network and the rules to be respected by the railway infrastructure manager for the allocation of the capacity of the existing railway infrastructure in the the scope of the Ports of General Interest.

4. Existing railway infrastructure in ports which do not have a general interest consideration shall be the property of its holder and, if connected or intended to connect with the General Interest Rail Network, shall apply. the rules to be set out in the appropriate convention.

This agreement will be proposed jointly by the managing body of the port and the railway infrastructure manager and approved by the Ministry of Public Works. It will collect any operational aspects of the network.

5. Railway infrastructure which, at any time, exists in the service areas of the Airports of General Interest and which are connected with the General Interest Railway Network shall form part of the railway infrastructure and shall be governed by the general rules contained in this law, without prejudice to the appropriate convention which, in order to coordinate their respective competences, is concluded between the public body managing the airports and the railway infrastructure manager.

6. When a Port or Airport of General Interest is located in the territory of an autonomous community which has a railway network of its ownership, agreements may be concluded between the holders of the various infrastructures to facilitate the interconnection and interoperability between the different networks.

CHAPTER IX

Private-owned rail infrastructure

Article 37. Scheme applicable to private railway lines of ownership.

1. They are privately owned infrastructure owned by individuals, individually or collectively.

2. For the establishment or operation of a privately owned railway infrastructure which runs through the territory of more than one autonomous community, it shall be necessary to obtain, in advance, the corresponding administrative authorisation which enable for this. Prior to the granting of the authorization by the Ministry of Public Works, the applicant shall submit a draft establishment or operation of the line which shall include at least one explanatory note for the purposes to be pursued. by the establishment or operation of the infrastructure, with its general and partial plans, as well as the corresponding budgets, the activities to be carried out on the infrastructure, the description of the works and the circumstances (i) the Commission's proposals for the implementation of the common position of the European Union; Safety and interoperability are to be regulated by the Ministry of Public Works. The project for the establishment or operation of the line shall be submitted by the Ministry of Public Works to the competent bodies of the autonomous communities on whose territory the infrastructure is to be carried out, prior to its authorisation. This report shall be issued within one month from the time it is requested, on the understanding that it is favourable if it is not referred to in that period.

3. For the purposes of this private railway infrastructure, rail transport may be carried out exclusively for its own account, as a complement to other main activities carried out by its holder.

4. Where the establishment of a railway line of private ownership is, in accordance with the legislation expropriatory, of public utility or of social interest, the Ministry of Public Works may enable its holder to occupy the land of (a) to the extent necessary and, where appropriate, to acquire the private property through the compulsory expropriation procedure in which the latter will have the status of a beneficiary.

Article 38. Elements of private ownership that complement the General Interest Railway Network.

The connection of the railway infrastructure of private ownership, especially of the parks, with the General Interest Railway Network can only be realized when the railway infrastructure manager expressly authorize it. The holder of the privately owned railway infrastructure shall facilitate the connection in terms to be determined in the formalizer document of the authorisation.

The conditions under which the connection of the railway infrastructure of private ownership with the Railway Network of General Interest and the system of construction and operation of the railway will be carried out will be determined. the elements of private ownership that complement the railway infrastructure of State ownership.

TITLE III

Provision of additional, complementary and ancillary rail services

Article 39. Concept.

Additional, complementary and ancillary rail services are defined as such in the Annex to this Act, which tend to facilitate the operation of the rail system.

Article 40. Provision of additional, complementary and ancillary services.

1. The provision of additional, complementary and ancillary rail services on the lines of the General Interest Railway Network and its service areas may be carried out either directly by the infrastructure manager. railway, or other persons or entities which, necessarily, require the obtaining of an enabling title granted by that person.

The railway infrastructure manager will be obliged to provide additional services to railway undertakings if there are no viable alternatives and market conditions for their provision. In any event, it may provide the additional services, being obliged to provide them to the railway undertakings which

require it. However, that obligation does not extend to ancillary services.

2. Contracts to be concluded by the railway infrastructure manager for the provision of additional, complementary and ancillary services shall be governed by the provisions of Law 48/1998 of 30 December 1998 on procedures for In the case of water, energy, transport and telecommunications, Directives 93 /38/EEC and 92 /12/EEC are incorporated into the Spanish legal system. In cases where this law does not apply, the railway infrastructure manager shall accommodate his/her performance in the private legal order, with a view to the principles of publicity and competition, in terms of specify their Statute.

Article 41. Applicable regime.

Reglamentarily, the legal regime and the conditions for the provision of additional, complementary and ancillary services shall be determined and the provisions set out in this Title shall be developed.

TITLE IV

Rail transport

CHAPTER I

General provisions

Article 42. Rail transport.

1. Rail transport, for the purposes of this law, is understood to be carried out by railway undertakings using suitable vehicles which circulate on the General Interest Railway Network.

2. Rail transport is a service of general and essential interest to the community and can be of passengers and goods. This service shall be provided under free competition, as provided for in this Act.

3. For the purposes of this law, it is understood by the carriage of passengers, persons, and goods transport, that of any kind of goods.

CHAPTER II

Railway companies

Article 43. Railway undertakings.

These are railway undertakings, holders of a railway undertaking's licence, the main activity of which is to provide services for the carriage of passengers or goods by rail, on the basis of established in this law. Railway undertakings must, in any event, provide traction. Railway undertakings are also considered to be those which exclusively provide traction.

Article 44. Railway undertaking licence.

1. The provision of the rail passenger and freight transport service may not be carried out without obtaining the relevant railway undertaking licence beforehand. The entity applying for the licence shall, in any event, make the declaration of activity, which shall include the types of services it intends to provide. It shall be for the Minister of Public Works, after a report by the railway infrastructure manager, to issue, on a reasoned basis, the decision to grant the licence to be provided for the provision of rail transport services. of passengers or goods to be determined at that time. The relevant decision shall be taken within three months of its submission or at the time of completion of the required documentation.

2. The railway undertaking licence shall be unique for the whole Railway Network of General Interest, in order to efficiently order, coordinate and rationalise the operation of the railway service.

3. The railway undertaking licences granted by the other States of the European Union shall have all their effects in Spain without prejudice to the provisions of the second transitional provision.

4. Railway undertakings may not carry out activities which are not expressly covered by the licence, without prejudice to their application, where appropriate, to the extension or modification of their content.

5. The railway undertaking licence is non-communicable.

6. Railway undertakings may access the railway infrastructure under the terms and conditions laid down in law.

Article 45. Requirements for obtaining the license.

1. Licences shall be granted after accreditation by the applicant for compliance with the following requirements:

(a) Revestir the form of a public limited company, in accordance with Spanish law and without prejudice to the provisions of the third provision. The company must have been established for an indefinite period and its actions must be nominative. If the company is or is to be controlled, directly or indirectly, by one or more persons domiciled in a non-EU Member State, the licence may be refused or its effects limited when the undertakings concerned are Spanish or Community railways do not benefit, in that State, from the right to effective access to the provision of the railway service.

b) Contar with financial capacity to address your present and future obligations.

c) Ensure the professional competence of your managerial and technical staff and the security of the services you intend to provide.

d) Have civil responsibilities that may be enforceable to you.

2. Entities intending to provide rail transport services shall have as their main object the performance of such activity.

3. The following entities shall not be entitled to a licence:

(a) Those whose directors or members of their management staff suffer or have suffered, in or outside Spain, the custodial sentence until five years after their full compliance, those declared in (

) a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law, a court of law,

(b) Those sanctioned for very serious administrative offences provided for in the commercial law, for the defence of competition or for the organisation of transport, within five years of the imposition of the penalty.

c) Those that are incurred in a bankruptcy procedure.

(d) Sanctioned or convicted, by final judgment or judgment, for very serious infringements committed in the field of specific transport legislation or for serious or repeated breaches of obligations derived from social or labour standards, in particular the legislation on safety and health at work, within five years of the sanction resolution.

(e) Those who, by providing cross-border transport services for goods subject to customs formalities, have been penalised for failing to comply with the rules governing the customs procedure within five years of the decision sanctioning.

Article 46. Financial capacity of the applicants.

1. The financial capacity requirement shall be deemed to be met, where the applicant company accredit that it can meet its actual and potential obligations, for a period of 12 months from the licence application.

2. The financial capacity shall be assessed according to the audited annual accounts of the company. The following elements shall be determined for this assessment:

(a) The available financial resources, including deposits in banks, advances entered in current accounts and loans.

(b) The assets and assets of the asset that are eligible for collateral.

c) Operating capital.

(d) Investments made, including those carried out for the purchase of vehicles, land, buildings, installations and rolling stock.

e) The burdens on the company's assets.

3. The financial capacity may be credited by the submission of an expert report and the appropriate documents issued by credit institutions or auditors. Such documents shall include data on the elements referred to in the previous paragraph.

4. In respect of newly created companies, their financial capacity shall be assessed on the basis of their share capital and the guarantees provided by their shareholders to ensure compliance with the obligations of those shareholders.

5. In any event, it shall be estimated that the requesting entity does not have sufficient financial capacity when, due to its activity, it is not aware of the payment of its tax debts or social security.

Article 47. Professional competence of the applicant for the licence.

1. The requirement of professional competence shall be met where the applicant entity has or is committed to having, at the time of its activities, the following personal and material means:

(a) Management bodies with the knowledge and experience necessary to exercise safe and reliable monitoring and operational control of the type of activities for which the license is enabled.

b) Personnel responsible for safety in rail transport, fully trained to carry out their activities.

(c) Personal, rolling stock and organisation capable of ensuring sufficient security for the services provided.

2. For the purposes set out in the preceding paragraph, any licence application shall be accompanied by the documentation which, by means of the Order of the Ministry of Public Works, is specified.

Article 48. Coverage of civil liability.

1. The entity applying for a licence must be sufficiently assured of the civil liability in which it may incur, in particular, the liability for damage caused to passengers, cargo, baggage, mail and third parties. This guarantee shall also cover liability for damage to railway infrastructure.

2. The amount and the conditions for coverage of civil liability shall be established in accordance with the nature of the services to be provided.

Article 49. Preserving the license effectiveness.

The license will remain effective as long as the railway undertaking meets the requirements of this law for granting. It is for the Ministry of Public Works, in accordance with the procedure to be determined, to verify compliance by the railway undertaking with the above requirements. Such verification shall take place:

a) At least every five years from the grant of the license or from the completion of the previous verification procedure.

(b) Where the Ministry of Public Works has evidence of possible non-compliance by a railway undertaking with the required requirements.

(c) Where the railway undertaking undergoes a change in its legal status, in particular in the case of conversion, merger or acquisition of a significant part of the securities representing its capital or segregation of a branch of activity.

These circumstances will have to be notified by the railway company to the Ministry of Public Works, within one month of production. This obligation of communication is expressly imposed on the holders of licences or other enabling securities.

Article 50. License suspension.

1. The Minister for Public Works may suspend, in whole or in part, the effects of the licence granted to a railway undertaking. Where the suspension is partial, it shall have the scope which is expressly determined.

2. The suspension of the license will proceed when any of the following assumptions are made:

(a) Opening a penalty file for a very serious infringement. The suspension agreement shall be produced in accordance with the procedure laid down for the adoption of provisional measures.

b) As a sanction, as provided for in Title VII.

(c) Where the railway undertaking has interrupted its operations for a period exceeding six months, unless the Ministry of Public Works agrees to revoke the licence.

3. The suspension shall be agreed only if, in the light of one of the above mentioned causes, the measure is appropriate to ensure the safety and effective provision of the rail transport service. The suspension may be agreed for a maximum period of 12 months.

4. The rules applicable to the suspension of licences shall be governed by regulation.

Article 51. Revocation of the license.

1. The licence granted to a railway undertaking may be revoked in the following cases:

(a) For non-compliance by the railway undertaking with the requirements set out in this law for its granting. However, where the licence is revoked for failure to comply with the requirement for financial capacity, the Ministry of Public Works may, for reasons of general interest, grant the railway undertaking a temporary licence, provided that it does not commit the safety of the rail transport service. Such a temporary licence shall only be valid for a maximum period of six months from the date of its granting.

(b) By the declaration in insolvency, unless the Ministry of Public Works establishes the financial viability of the company within two months of its occurrence.

c) For obtaining the license by virtue of false statements or by other irregular means.

d) For the occurrence of any of the causes of forced dissolution of the railway undertaking provided for in Article 260 of the recast text of the Law of Companies, approved by Royal Decree 1564/1989, of 22 December.

e) By the sanction imposed, as provided for in the third paragraph of Article 91 of this Law.

(f) For failure to commence the service within six months of the date of notification of the granting of the licence, for reasons attributable to the railway undertaking. However, the latter may request that a longer period be established for the commencement of its activities, which shall be granted on the basis of the specificity of the services to be provided and shall in no case exceed 18 months.

g) By the revocation of an authorisation to provide rail transport services of public interest for non-compliance with the obligations inherent in it.

(h) For the interruption of their operations for a period exceeding six months, unless the Ministry of Public Works agrees to suspend the license.

2. The adoption of the agreement to initiate the procedure for the revocation of the licence and its instruction shall correspond to the body of the Ministry of Public Works, which is governed by these powers. The resolution of the file shall be the responsibility of the Minister for Development. If the revocation of the license is agreed, the resolution shall be immediately enforceable.

As not provided for in this law, the revocation of the license shall be in accordance with the procedure laid down in Title VI of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure and other applicable legislation.

3. Through the Order of the Ministry of Public Works, the procedure for revoking the licenses will be developed.

Article 52. Communications to other Member States of the European Union.

1. Where the Ministry of Public Works has evidence of the possible failure to comply with the legal and regulatory requirements of a railway undertaking to which an authority of another Member State has granted the licence, it shall inform delay, to that authority.

2. If the Ministry of Public Works is aware that a railway undertaking in another Member State of the European Union operating in Spain has been suspended or revoked, it shall immediately agree to the relevant measures. so that you do not perform the service provision that is covered by that enabling title.

3. Whenever the Ministry of Public Works has granted, modified, suspended or revoked a licence, it shall immediately inform the European Commission thereof.

CHAPTER III

Administrative intervention in the provision of rail transport services and in the operation of infrastructure

Article 53. Rail transport services of public interest.

1. The Council of Ministers may, on its own initiative or at the request of the Autonomous Communities or of the local authorities concerned, declare in public interest the provision of certain rail transport services on the lines or sections which integrate the General Interest Railway Network when it is loss-making or does not occur in the appropriate conditions of frequency and quality, and is necessary to ensure communication between different locations in the Spanish territory. Declared to be of public interest the provision of a particular rail transport service, railway undertakings may only provide it after obtaining the relevant authorisation.

In case the public interest statement is made at the request of the autonomous communities or local corporations, they will be responsible for their funding.

2. The authorisations for the provision of rail transport of public interest in those lines or sections shall be granted by the Ministry of Public Works through the relevant public tender procedure which shall be in accordance with the The principles of transparency and non-discrimination are provided for and, in any case, are provided for. However, where the annual cost of providing the service does not exceed EUR 1,000,000, the authorisation may be directly awarded.

For the purpose of financing the cost of the service, the Ministry of Public Works will be able to conclude the appropriate agreements with the autonomous communities and local authorities.

In these conventions the following may be agreed:

(a) The services which, according to him, are subsidised.

b) The characteristics of your capability.

(c) The government or public administrations that deliver the amount of the grants.

3. Authorisations shall be granted on an exclusive basis and must provide for the system of rights and obligations applicable to railway undertakings and, in particular, public aid which they shall be entitled to receive, in order to compensate for their shortfall in the operation of the services. Those obligations shall include those that ensure continuity in the provision of the declared service of public interest.

4. The Ministry of Public Works shall inform the railway infrastructure manager of the authorisations granted under this Article.

5. By Order of the Ministry of Public Works, the system of authorisations for the provision of rail transport services of public interest shall be established.

Article 54. Intervention by the Administration.

1. The Government, by way of exception and transitional, may agree to take over, by the General Administration of the State, the management of certain rail transport services or the operation of certain railway infrastructure for ensure public security and national defence.

2. Where the tendering procedure for granting authorization for the provision of services of public interest is declared to be deserted, the Ministry of Public Works may, as a public service obligation, impose on the a railway undertaking which has adequate and sufficient means and operates other railway services in the geographical area where the railway undertaking is to be fulfilled, that of providing the services declared in the public interest. Such an undertaking shall, where appropriate, be in a manner determined by the Order of the Ministry of Public Works.

3. If a railway undertaking ceases to provide services for the carriage of declared passengers of public interest or ancillary or ancillary services to them, or shall provide them under conditions which do not guarantee the safety of persons, the The Ministry of Public Works shall take all necessary measures to ensure its correct performance.

CHAPTER IV

Special Register of Railway Companies

Article 55. Applicable regime.

1. The Ministry of Public Works of the Special Register of Railway Companies is created.

2. This register will be of a public nature and its regulation will be made by royal decree. The information relating to railway undertakings must be entered in the register, in such a way as to be determined by regulation. In the relevant registration, the conditions imposed on railway undertakings for the exercise of their own activity and their amendments must also be included.

CHAPTER V

Safety regime in rail transport

Article 56. Compliance with safety standards.

1. The performance of the railway activities shall be subject to the safety standards laid down in this law and its implementing provisions.

2. Public administrations shall ensure that, at all times, the right of citizens to receive, in appropriate safety conditions, the rail transport service is guaranteed.

Article 57. Security certificates.

1. With a view to the provision of the railway service on a given line, railway undertakings must obtain the relevant safety certificate.

2. The safety certificate shall lay down the conditions to be met by railway undertakings providing a rail transport service, in the field of safety management, of driving and accompanying personnel and of equipment. rolling stock, as well as in any other matters which are determined to be regulated.

Railway undertakings must at all times respect the conditions laid down. Failure by railway undertakings to comply with the conditions laid down in the safety certificate shall determine their revocation.

3. For the granting of the security certificate, the person who so requests the accreditation shall be required, in a sufficient manner, to ensure that the relevant service is adequately provided, without risk to the persons or to the goods.

4. The safety certificate, which provides for the provision of services on the General Interest Railway Network, is a document issued by the Ministry of Public Works or, where appropriate, the railway infrastructure manager or other body authorised by the Ministry of Public Interest. In particular, in so far as the Community rules so provide, it may be laid down, in regulation, that the granting of the security certificate shall be carried out by an administrative body or body empowered to do so.

5. The content of the safety certificate shall be determined in accordance with the rules governing the control, movement and railway safety system, the knowledge and requirements required of the driving staff, the technical characteristics of the rolling stock and its maintenance, and the procedure for granting it, which shall comply with the principles of protection of passengers and goods, transparency and non-discrimination. Similarly, the scheme will be determined for renewal and review.

Article 58. Approval of rolling stock.

The Ministry of Public Works shall establish, by order, the conditions and requirements for the approval and registration of rolling stock which circulates on the railway lines of the General Interest Railway Network, as well as the the approval and operation arrangements of the approval centres for such material.

CHAPTER VI

User rights

Article 59. User rights.

1. Users of rail transport services shall be entitled to the use of railway transport services in the terms laid down in the rules in force and, where appropriate, in contracts concluded with railway undertakings. They shall respect the quality standards to be determined by the Order of the Ministry of Public Works.

The charges payable by railway undertakings to their customers for remuneration for the railway services provided will be subject to private law, without prejudice to the application of the provisions of Article 53. in respect of rail transport services declared in the public interest.

The Ministry of Public Works will authorize the general conditions for the hiring of both passenger and freight transport, without prejudice to the competencies of the autonomous communities on the matter.

2. In particular, users of rail passenger transport services shall enjoy the following rights

(a) Access to the publication by the railway undertaking, in good time, of the timetable of the services and of the tariffs corresponding to them.

(b) Contreat the provision of the railway service from or to any of the stations on which passengers are collected or stoned. For these purposes, railway undertakings may provide their services between any stations on the route they cover.

c) Receive the service by satisfying, if applicable, the prices according to the corresponding rates.

d) To conclude with the railway undertaking a transport contract adjusted to the provisions of Law 26/1984 of 19 July of the Defence of Consumers and Users. Transport contracts which affect the users of the service must be approved in advance by the Ministry of Public Works.

e) To be compensated by the railway undertaking, in the event of non-compliance with the obligations imposed on it by this law, and the provisions which it has developed or assumed in the contract concluded with it.

f) Be informed of the established procedures to resolve disputes that may arise in connection with the performance of the rail transport contract.

g) Other than those that recognize the current rules.

3. The users, without prejudice to being able to urge the defense of their claims, in the terms provided for in the current legislation, before the Arbitration Boards of Transportation and, in any case, before the ordinary jurisdiction, are empowered to direct the complaints relating to the provision of the service to the railway undertaking which carries out the service.

4. Railway undertakings shall have, at the disposal of the users of the services, a book of complaints, edited in accordance with the model to be determined by regulation.

CHAPTER VII

Rail staff

Article 60. Applicable regime.

1. The staff providing their services in the railway field shall have sufficient qualifications to enable the provision of the railway service with due guarantees of safety and efficiency.

2. By Order of the Ministry of Public Works and after hearing of the most representative trade unions of the sector, the conditions and requirements for obtaining the titles and the necessary qualifications for the performance of the functions will be established. of the railway staff, as well as the system of authorisation and operation of the training centres for such staff.

TITLE V

Economic and tax regime

CHAPTER I

Rail rates

Section I. Fees for licenses and security certificates

Article 61. Legal regime.

1. It constitutes the taxable fact of the fee for the granting of the railway undertaking, the issue of the railway undertaking, its extension or its renewal.

2. It constitutes the taxable fact of the fee for the granting of security certificates, the issue, the extension, the renewal and the revision of the same, in the form provided for in this law.

3. It shall be a taxable person, the railway undertaking in whose favour it is granted, extended, renewed or reviewed the relevant licence or safety certificate.

4. The amount to be met for each of the fees shall be as follows:

(a) Licence or security certificate issue: EUR 10,000.

b) Extension, renewal or revision of license or security certificate: 5,000 euros.

Article 62. Accrual.

1. The fees shall be payable at the time of issue, the extension or renewal of the licences or the issue of the issue, extension or revision of the security certificates, irrespective of the activity carried out by the subject passive.

2. The renewal fee for the security certificate shall be payable on a five-yearly basis, within a period from date to date, from the award of the certificate.

3. The suspension or revocation of the licence or of the security certificate shall not entitle the fee to be refunded.

Article 63. Management and affectation.

1. The management, settlement and collection of the fees for the granting of the licenses correspond, in accordance with the provisions of this law, to the Ministry of Public Works.

2. The management, settlement and collection of fees for the issue, extension and renewal of security certificates shall be the responsibility of the administrative body or entity competent to grant them.

3. The amount of the collection of the said fees shall be entered in the assets of the railway infrastructure manager, unless a different effect is established by law in respect of the charges relating to safety certificates.

Article 64. Update.

The amount of the fees referred to in this Section may be modified through the General Budget Laws of the State or, where appropriate, by ministerial order.

Section II. Rate for safety in rail passenger transport

Article 65. Legal regime.

1. It constitutes the taxable fact of the levy, the provision of the surveillance service and the control of the access, both by passengers and baggage, to the stations and other railway stations, both state-owned and owned by the Railway infrastructure manager.

2. They shall be taxable persons, travellers in accordance with this law.

3. They shall have the consideration of substitute taxable persons, the individual, the body or the railway undertaking with whom the passenger has contracted the transport service.

4. The substitute taxable person is obliged to pay the railway infrastructure manager the amount of the fee.

5. The amount of this fee shall be as follows:

(a) EUR 0,02 per person and per journey, in services covering distances not exceeding 150 kilometres, and shall be included in the price of transport.

(b) EUR 0,15 per person and per journey, in services covering distances exceeding 150 kilometres and not exceeding 300 kilometres, and shall be included in the price of transport.

(c) EUR 0,30 per person and journey, in international services or covering distances exceeding 300 kilometres, and shall be included in the price of transport.

(d) In the transport contracts that have the power to carry out an undetermined number of journeys, the amount of the fee shall be the product of multiplying EUR 0,03 by the number of days of validity of the title.

e) In those enabling transport contracts for an indeterminate number of journeys in two or more means, the amount of the fee shall be the product of multiplying EUR 0,20 by the number of months or month of month of validity of the title.

Article 66. Accrual.

1. The fee shall be payable at the time of the commencement of the provision of the service which constitutes the taxable event, without prejudice to

following paragraph.

2. At the same time as the conclusion of the contract of carriage, a prior deposit equivalent to the amount of this charge shall be lodged by the taxable person.

Article 67. Affectation.

The proceeds from this fee will be entered into the estate of the railway infrastructure manager.

Article 68. Update.

The amount of the fees referred to in this section may be modified through the General Budget Laws of the State or, where appropriate, by ministerial order.

Section III. Fees for the approval of training centres for railway staff and for the maintenance of rolling stock, for the granting of certificates to such staff and for certification of such equipment.

Article 69. Legal regime.

1. The precise management for the approval of training centres for railway staff and for the maintenance of rolling stock, for the granting of certificates to such staff and for the certification of such equipment, shall entitle the levy to the levy. of the compensatory charges for the cost of the necessary formalities and actions, in accordance with the provisions of this Chapter.

2. It constitutes the taxable fact of the fees, the provision by the Administration of the necessary services for the granting of the approvals, the titles and the corresponding certifications.

3. The natural or legal person applying for the approval or the corresponding title shall be liable for the fees, depending on the case.

4. The amount of the fees shall be:

(a) For the approval of centres, EUR 5,000.

b) By issue of securities, EUR 100.

(c) By certification of rolling stock, determined by the corresponding ministerial order to fix it, in respect of each type of material, depending on its technical conditions or economic value.

5. They shall be exempt from the fee referred to in paragraph (b) of the preceding paragraph, persons who have obtained, before the entry into force of this law, a title which enables them to carry out the same activity for which they empowers the new one requested.

Article 70. Accrual.

The fees will be payable at the time of the corresponding request.

Article 71. Management and affectation.

The management and affectation of the fees shall be governed by the provisions of Article 63, in respect of the fees for the granting of licenses.

Article 72. Update.

The amount of the fees referred to in this Section may be modified through the General Budget Laws of the State or, where appropriate, by ministerial order.

Section IV. Fee for the use of railway infrastructure

Article 73. General principles.

1. The railway infrastructure manager shall be aware of railway undertakings using the railway infrastructure of the General Interest Railway Network, as well as the railway stations, and other railway facilities, Regulated fees in this section, which will be given the name of railway charges.

2. In any event, the revenue earned from the recovery of the fees, irrespective of the charges or the private prices which it may receive from the undertakings, shall be affected by the assets of the railway infrastructure manager. Rail and third parties.

3. The fees shall be fixed in accordance with the general principles of economic viability of the infrastructure, efficient operation of the infrastructure, market situation and financial equilibrium in the provision of services, and according to criteria of equality, transparency and non-discrimination between providers of rail transport services.

4. In order to encourage the efficient use of networks, the charging of railway infrastructure for the use of railway infrastructure may take account of environmental, accident and infrastructure costs which do not involve the use of railway infrastructure. tax on modes of transport other than rail, in order to reduce the amount of rail transport.

5. They may also be taken into account for the establishment of the amount of railway charges, in accordance with the effective exploitation of the Railway Network of General Interest, considerations reflecting the degree of congestion of the railway. infrastructure, the promotion of new rail transport services, as well as the need to encourage the use of underused lines, ensuring, in any case, optimal competition between railway undertakings.

Article 74. Fee for the use of railway lines belonging to the Railway Network of General Interest.

1. It constitutes the taxable fact of the licence fee, the use of the railway lines members of the Network

Railway of General Interest, as well as the provision of services inherent in such use, in the following ways:

1. Canon of Access (Mode A): for the general use right of the Railway Network of General Interest or part of it.

2. Canon by Capacity Reserve (Mode B):

for the availability of the requested path.

3. Circulation Canon (Mode C): for the effective use of the reserved capacity.

4. Canon for Traffic (Mode D): for traffic produced on the railway infrastructure.

2. Railway undertakings using the General Interest Railway Network shall be liable to the charge.

Likewise, they will have the consideration of passive subjects of the access fee and of capacity reserve, the transport agents, the chargers and the operators of combined transport that, without having the consideration of companies train, obtain capacity allocation.

3. Only the number or identity of the elements and criteria for quantification on which the fees payable for each modality shall be determined may be amended by law.

4. For the purposes of the preceding paragraph, the following shall be considered as elements and quantification criteria for each of the following:

(a) Canon of Access: depending on the sections of the network in which the services are intended to be provided and the statement of activity carried out by the railway undertaking, which shall be paid at the beginning of each period for the the capacity allocation has occurred.

The amount of this fee will have an impact on the costs incurred by the railway infrastructure manager, the administrative management processes linked to the railway infrastructure manager's relationship with the railway operators, such as the maintenance of the personal and material resources for their general administration, the publication of the network declaration, as well as the development of the plans for the operation, capacity allocation and supervision of the movement of trains.

b) Canon by Capacity Reserve: depending on the length of the length of the stretch of network reserved by the railway undertaking, distinguishing by type of line and time of day on which it is booked, and by type of transport service rail and type of train that lends it.

This fee will have an impact on the fixed costs of maintenance, operation and management of the railway infrastructure.

(c) Circulation Canon: depending on the length of the length of the stretch of network actually used by the railway undertaking, distinguishing by type of line and time of day in which it is used, and by type of service Rail transport and type of train providing it.

This fee will impact the variable costs of maintenance, operation and management of the railway infrastructure.

d) Canon for Traffic: depending on the economic value of the rail transport service, measured in terms of the capacity offered (please km, tm-km, TEU-km), distinguishing by time of day and type of line on which is offered.

This fee will have an impact on the financial costs, the depreciation of the fixed assets and, where appropriate, the costs necessary to ensure the reasonable development of the railway infrastructure.

5. The amounts that will be payable shall apply the indirect taxes on the provision of the services to be taxed, in accordance with the terms laid down in the legislation in force.

6. The accrual of the fee shall be at the time of the award of the right to the use of the infrastructure in the case of modalities A) and B) and, where the effective use of the infrastructure is carried out in modalities C) and D).

Article 75. Fee for use of the stations and other railway installations.

1. It is the taxable fact of the licence fee for the use of the stations and other railway installations belonging to the Railway Network of General Interest, as well as the provision of services inherent in such use, in the following:

1. Canon for the use of stations by travelers (Mode A).

2. Canon for parking and use of platforms at stations (Mode B).

3. Step Canon by Width Changers (Mode C).

4. Canon by using path (D) paths.

5. Canon for the provision of services that require authorisation for the use of the public rail domain (Mode E).

2. Any natural or legal person using or benefiting from the operation of the railway stations, facilities and premises referred to in the first paragraph of this Article shall be taxable persons.

3. Only the number or identity of the elements and criteria for quantification on which the fees payable for each modality shall be determined may be amended by law.

4. For the purposes of the preceding paragraph, the following shall be considered as elements and quantification criteria for each of the following:

a) Canon for the use of stations by travellers: the duration of the journey of the transport and the category of the station.

For the purposes of this fee, all persons who cannot be considered as members of the supervisory staff of the railway undertakings are considered to be travellers.

This fee must be included in the price of transport by the railway undertaking.

b) Canon for parking and use of platforms at stations: train parking time, performance of track change operations at the request of the operator and the category of the station.

c) Pass-by-width changers: The train passes per width-changer.

d) Canon for use of paths: the track's occupancy time, train type, and line type.

e) Canon for the provision of services requiring authorisation for the use of the public rail domain: the intensity in the use of rail public domain.

5. The development of any activity carried out in the field of the railway public domain shall be specified by the railway infrastructure manager, where it is necessary for its normal performance to be determined by its occupation.

6. The modalities referred to in paragraph 4 do not include the consumption of electrical energy, nor the use of telephone, or cleaning services, being for account

of the operator the expenses for consumption or supplies provided by the railway infrastructure manager.

7. The amounts that will be payable shall apply the indirect taxes on the provision of the services to be taxed, in accordance with the terms laid down in the legislation in force.

8. The fee shall be payable at the time of the taxable event with the exception of the form (e), in which the accrual shall be made at the time of the initial grant of the grant, authorization or award of its renewal. annual.

Article 76. Management, collection and affectation.

1. The management of the fees for the use of railway infrastructure shall be the responsibility of the railway infrastructure manager, which may require, in respect of the fee for the use of railway stations and other railway installations, the the presentation of any document that is necessary for the practice of the settlement of the settlement.

2. The modalities may be settled individually or jointly, in terms of the ministerial order that approves the settlement models and regulates the time and means to make the income of the amounts effective. required.

3. The amount of the proceeds from these fees shall be part of the revenue budget of the railway infrastructure manager.

In the case of State-owned infrastructure, the total amount of charges levied on the use of such charges shall be taken into account for the purpose of establishing the price to be set by the State for its remuneration in the or in the contract-programme referred to in Article 22.2.

Article 77. Update.

1. The establishment of the amounts resulting from the application of the elements and criteria referred to in Articles 74 and 75 shall be carried out by ministerial order. The amendment of the same may be made through the General Budget Laws of the State or, where appropriate, by ministerial order.

2. Ministerial orders which, in accordance with the provisions of the preceding paragraph, establish or modify the amounts of the licence fee shall be accompanied by an economic and financial memory on the cost or value of the resource or activity (a) the value of the proposed amount, which must be in accordance with the provisions of Article 20.1 of Law 8/1989 of 13 April 1989 on Public Fees and Prices.

The lack of this requirement will determine the full nullity of the provision.

CHAPTER VI

Rates

Article 78. General scheme.

1. The provision by the railway infrastructure manager of additional, complementary and ancillary services to third parties, on the basis of concurrency and private law, as well as the commercial use of their facilities and available spaces, be subject to the payment of the corresponding charges for the benefit of the first and the beneficiaries of the services and uses.

2. The provision by third parties, which the railway infrastructure manager provides for additional, complementary and ancillary services, shall be subject to the payment of the corresponding charges for the benefit of the railway infrastructure manager and the providers of the services concerned.

3. No fees shall be payable for the activities and services subject to the payment of the railway charges covered by this Title.

Article 79. Fixing, level and enforceability.

1. The fees, which shall be of a private price, shall be approved annually by the railway infrastructure manager and referred to the Ministry of Public Works.

The Ministry of Public Works may, for reasons of general interest, provide for exemptions or bonuses in fares, compensating the railway infrastructure manager for the reduction in revenue arising from the application of the same.

2. The amount of the charges shall be fixed on the basis of the type of activity, its rail interest and its economic relevance, as well as the cost of providing the services.

3. The fees shall be payable after the service has been requested, the performance of the activity or the use in question, and must be made effective under the conditions laid down at the time of its establishment or update.

4. Certificates of non-payment of invoices drawn up by the railway infrastructure manager, which must be notified to the person liable for payment, shall be taken into account in accordance with the provisions of the Article 517 of Law 1/2000 of 7 January of Civil Procedure.

5. The action to require payment of the charges for services provided directly by the railway infrastructure manager shall be prescribed at five years from the provision of the service.

6. The railway infrastructure manager may suspend the provision of the service in the event of non-payment of the corresponding charges, subject to express communication to the person liable for payment. The suspension of the service shall be maintained as long as the payment is not made or the debt is sufficiently secured.

7. The railway infrastructure manager may also request deposits, endorsements, payments on account or any other guarantee sufficient to recover the amount of the fees for the services he provides.

8. It is for the ordinary jurisdiction to resolve any disputes arising in connection with the determination or payment of the fees referred to in this Chapter.

TITLE VI

Railway administration

Article 80. Powers of the General Administration of the State.

The General Administration of the State shall exercise its powers in railway matters in accordance with the provisions of this law and its implementing regulations.

Article 81. Powers of the Ministry of Public Works.

1. The Ministry of Public Works shall exercise the following powers:

a) The strategic planning of the railway sector and its development, in collaboration, in the terms provided for in this law, with the affected autonomous communities

and support for decision-making for the deployment, in the medium and long term, of infrastructure and rail services of state competence.

b) The general arrangement and regulation of the system, which includes the establishment of the basic rules of the railway market and the drafting of regulations that are necessary for their proper development.

c) The definition of the functions to be performed by the business public entities regulated in this law.

(d) The establishment of the State aid scheme for the financing of the railway infrastructure manager.

e) The granting of licences to railway undertakings, subject to the report of the railway infrastructure manager, in the form set out in this law and in its implementing rules.

(f) The granting of authorisations for the provision of public interest rail services, and the establishment of the aid scheme for railway undertakings awarded.

g) The granting of security certificates, except that it is attributed to the railway infrastructure manager or to a different entity.

(h) The granting of certificates for the opening of lines, tranches and terminals of the railway infrastructure to public transit, prior to the commencement of the operation of the railway infrastructure. With regard to the opening to rail transit of the remaining elements of the infrastructure, the railway infrastructure manager shall comply with the rules laid down by the Ministry of Public Works.

i) The definition of the tariff regime, as regulated in Chapter VI of Title V, and its supervision.

(j) The establishment, or where appropriate, the modification of the amount of the fees for the use of the railway infrastructure, in accordance with the elements or parameters set out in this law.

k) The defence of the railway public domain, without prejudice to the competences of the railway infrastructure manager.

l) The application of the sanctioning regime.

m) The approval of approved centres to certify the suitability of the rolling stock and the training of staff, without prejudice to the possibility of delegating it to the railway infrastructure manager.

n) The investigation of accidents involving fatalities.

or) The others who are trusted in this law or in the rules that develop it.

2. In particular, it is for the Ministry of Public Works to lay down the technical conditions for the projection, construction and administration of the infrastructure and the rolling stock that circulates on them.

3. By way of derogation from paragraph 1 (n) and in so far as the Community rules so provide, provision may be made for the investigation of railway accidents to be carried out by a body or body. administrative enabled to the effect.

4. The Ministry of Public Works, in coordination with the Ministry of Foreign Affairs, will propose to the Government, for its approval, the guidelines applicable to the participation of the Spanish State in the international railway organizations and the the policy to be followed in the relations with them and with national bodies and entities in international railway matters.

Article 82. The Railway Regulation Committee.

1. The Committee for Railway Regulation is hereby established as a collegiate body integrated in the Ministry of Public Works, which shall be governed by the provisions of Articles 22 to 27 of the Law on the Legal Regime of Public and Public Administrations. Common Administrative Procedure.

2. The Railway Regulation Committee is composed of a president, four vowels and one secretary.

The president and the vowels shall be appointed by the Minister of Public Works, among the officials of the Ministry who belong to the Higher Bodies of the General Administration of the State.

The secretary shall be licensed in law and shall be appointed, at any time, by the Railway Regulatory Committee.

Article 83. Functions of the Committee on Railway Regulation and the effectiveness of its acts.

1. The following are functions of the Railway Regulatory Committee:

(a) Safeguard the plurality of the offer in the provision of services on the General Interest Rail Network and ensure that they are provided on objective, transparent and non-discriminatory conditions.

b) Ensuring equality between public and private enterprises in the conditions of access to the market for these services.

c) Ensure that railway charges comply with the provisions of this law and are not discriminatory.

d) Resolve any conflicts that may arise between the railway infrastructure manager and railway undertakings in relation to:

The granting and use of the security certificate and the fulfilment of the obligations that it carries out.

The application of the criteria contained in the statements about the network.

The capacity allocation procedures.

The amount, structure or application of the fees that are required or may be required for them.

e) Inform the State Administration and the autonomous communities that require it in the field of railway, and in particular the content of any draft standard or resolution affecting that project.

f) Other than any other that is attributed to you by law or by regulation.

2. The Railway Regulatory Committee may request the intervention of the Ministry of Public Works for the technical inspection of the services, facilities and performances of railway undertakings.

It may also require entities to act in the railway sector for any information that is necessary for the exercise of their activity.

3. Entities deemed to be harmed by any action they consider to be contrary to the law may refer to the Railway Regulatory Committee within the maximum period of one month after the relevant decision or decision has been taken.

4. The Railway Regulation Committee shall act on its own initiative or at the request of an interested party. Once the procedure has been initiated, it may, at any time, take the provisional measures it deems appropriate to ensure the effectiveness of the decision which may be made, if there are sufficient evidence to do so.

5. In the exercise of its functions, the Committee on Railway Regulation will dictate resolutions that will be binding on entities operating in the field

rail. The resolutions referred to shall be enforceable and shall be enforceable before the Minister for Public Works.

6. Failure to comply with the decisions given by the Railway Regulation Committee shall be sanctioned in accordance with the provisions of Title VII.

Article 84. Membership of the Railway Regulatory Committee.

The Railway Regulatory Committee may, for the performance of its duties, count on the services of the other bodies of the Ministry of Development and shall be integrated in this, for budgetary and organisational purposes.

TITLE VII

Sanctioning and Inspection Regime

Article 85. Scope of the railway sanctioning regime.

1. The administrative liability arising out of the offences referred to in this Title shall be required of natural or legal persons carrying out the railway activities referred to in this law or affected by their content and, in their the case, the users of the rail transport services or those who, with their conduct, disturb their normal performance or the integrity of the goods affected by it.

2. The administrative responsibility laid down in this law shall be without prejudice to the civil, criminal or other order, in which the natural or legal persons to whom the offending conduct is charged may incur. The Ministry of Public Works and the administrator of railway infrastructures shall provide the collaboration required by the judicial authority or the fiscal ministry in order to clarify the facts related to the transport rail which may be of a criminal nature.

3. Where criminal proceedings are being dealt with for the same facts as an administrative infringement, in accordance with the provisions of this law, or for others whose separation of penalties, in accordance with this law, is impossible, suspended with respect to the same until the final pronouncement of the judicial authority. The procedure shall be resumed, where appropriate, the decision to be taken shall respect the assessment of the facts contained in that judgment.

4. If the same offending behaviour is liable to be qualified according to two or more offending types, the penalty shall be imposed which corresponds to the most serious of them.

Article 86. Inspection of railway activities and defence of infrastructure.

1. It shall be for the Ministry of Public Works, in the field of State competence, for the inspection of railway undertakings, for rail transport and for the provision of additional, ancillary and supplementary services.

2. Undertakings which are entitled to the provision of rail transport services or to carry out the activities referred to in this law shall be obliged to provide access to their premises to the staff of the Inspectorate in the financial year. of his/her duties. They shall also allow such personnel to carry out the control of the elements affected by the provision of those services.

3. The Ministry of Public Works may obtain from the natural and legal persons referred to in Article 85 (1) any information deemed necessary on the matters covered by this law.

4. It is for the railway infrastructure manager to exercise the powers of the police in relation to the railway traffic, the use and defence of the infrastructure, in order to ensure safety in traffic, the conservation of the infrastructure and facilities of any kind, necessary for their operation. In addition, it will monitor compliance with obligations which tend to avoid any kind of damage, deterioration of the roads, risk or danger to persons, and respect for the limitations imposed in relation to the immediate land to rail. referred to in Chapter III of Title II of this Act.

5. The officials of the Ministry of Public Works and the staff expressly empowered by the railway infrastructure manager to ensure compliance with the safety regulations shall have, in their acts of service or on the grounds of (a) the consideration of agents of the authority, for the purposes of the requirement, where appropriate, of the responsibility of those who offer resistance or commit an attack or contempt against them, for work or for word.

6. The railway infrastructure manager, in the exercise of the power referred to in the preceding paragraph, may require the persons referred to in Article 85 (1) as many information as he considers necessary in the exercise of their powers of police in relation to the matters regulated in this law and, if necessary, report to the Inspection of Railways of the Ministry of Public Works or to the delegations of Government in the autonomous communities, the conduct and actions which contravene the provisions laid down therein and in its implementing rules.

In the sanctioning procedures that are initiated as a result of the complaints made by the railway infrastructure manager, the Ministry of Public Works, prior to the resolution of the file sanctioning, submitting the same to the report of that entity.

7. The officials of the Ministry of Public Works and the staff of the railway infrastructure manager, in the performance of the tasks referred to in this Article, may, through the appropriate governmental authority, request the necessary of the bodies and security forces.

8. The minutes raised by the officials and staff shall document the results of their actions and shall record:

a) The name and last name of the person to whom it is extended and the character or representation with which it appears.

b) The description of the facts to which it affects.

c) The compliance or disconformity of the subject inspected with the facts that are imputed to it.

The extended acts and proceedings are of a public nature and test, unless otherwise proven, of the facts that motivate their formalization.

The facts recorded in the proceedings or proceedings and expressed or accepted by the persons concerned are presumed to be true and may only be rectified by proof that they have made a mistake in fact.

9. In the performance of their duties, the staff of the Ministry of Public Works or of the railway infrastructure manager is authorised to:

(a) materially perform accurate inspection performances wherever activities affected by transport legislation are developed

rail. However, where access to the address of natural and legal persons is required, it is necessary to obtain the timely injunction.

(b) Carry out the tests, investigations or examinations that are necessary to ensure compliance with the laws in force in the field of rail transport.

(c) If the bodies responsible for the inspection, in the light of the existing serious circumstances which compromise the safety of the transport, decide on the cessation of railway services or activities, immediately, to the Government Delegate in the corresponding autonomous community, for the purpose of the corresponding procedure being instructed.

Article 87. Classification of the infringements.

Breaches of rail sector regulatory standards are classified as very serious, severe and mild.

Article 88. Very serious infringements.

Serious violations are considered:

(a) The performance of activities or the provision of services regulated in this law without the necessary administrative license or any other enabling title that empowers you or without being expressly protected by same.

(b) Failure to comply with the conditions imposed on holders of administrative licences or other enabling securities, or that of decisions given by the Committee on Railway Regulation, when the safety of persons, property or rail traffic.

(c) The provision of services without the required safety certificate or under such conditions as may affect the safety of persons or property, with serious non-compliance with the rules or requirements techniques.

(d) The provision of rail transport services without having obtained the required infrastructure capacity allocation.

e) The obtaining of the railway undertaking licence and the access to the infrastructure capacity by means of false declarations or by any other irregular procedure.

f) the carrying out of activities affecting dangerous or perishable goods, which are the subject of transport, under conditions other than those laid down in regulation, where the safety of persons, property, rail traffic or public health may be affected.

(g) Failure by railway undertakings and other undertakings to comply with the rules laid down by the railway infrastructure manager in such a way as to create disturbances in rail traffic.

(h) The refusal or obstruction of the performance of the rail transport inspection services, which prevents the exercise by those of the functions which, legally or regulations, have been attributed to them.

i) The cession of the right of use of infrastructure capacity or the conclusion of any other legal business on the capacity of infrastructure awarded.

(j) the performance of works or activities not permitted in the area of public domain or in the areas of protection of railway infrastructure, without the required authorisation, where they affect the security of the rail traffic.

(k) The deterioration or destruction of any work or installation, the removal of any element of the railway infrastructure which affects the railway or is directly related to the safety of traffic railway or the intended modification of its characteristics.

l) The lack of validity or non-existence of the compulsory insurance contracts in accordance with this law, or its insufficient coverage to guarantee the responsibilities arising from activities carried out by the company railway.

m) The commission, within one year, of two or more serious infringements sanctioned by firm administrative resolution.

Article 89. Serious infringements.

Serious violations are considered:

(a) Failure to comply with the conditions imposed on holders of licences or other enabling securities or decisions issued by the Railway Regulation Committee, where they do not constitute a very serious infringement.

b) The unjustified interruption of the service for which the license holder is enabled.

(c) The non-use of capacity awarded by the railway infrastructure manager in the case of congested infrastructure, for reasons attributable to the railway undertaking.

(d) Failure to comply with the quality and regularity conditions in which the services or activities permitted by the licence or other enabling title are to be provided, the requirements laid down in the award of the capacity or the operational instructions and the provision of the service emanating from the railway infrastructure manager, where such non-compliance does not constitute a very serious infringement.

e) The refusal to provide the competent administrative body with the information it claims under this law.

f) The refusal or obstruction of the performance of the inspection services when the circumstances that determine the consideration of such behaviour are not given as a very serious infringement.

g) The use of machines, rolling stock and other transport elements without complying with the standards and technical requirements which, for safety reasons, must meet, where such behaviour is not a matter of serious infringement severe.

(h) Failure to comply with any formal obligations imposed on those who carry out the activities covered by this law in order to guarantee the rights of consumers and users.

i) the carrying out of activities affecting dangerous or perishable goods, which are the subject of transport, without respecting the specific rules governing the goods and the non-compliance with the regulatory standards which guarantee the the health of persons or the incompatibility of transportable products with the protection of the safety of transport, unless it is to be regarded as a very serious infringement.

j) The lack or inability of the instruments or means of control to be installed on the machines and other rolling stock.

(k) the performance of works or activities not permitted in the protection or safety areas of railway infrastructure, without the provision of authorisation where such conduct does not constitute a very serious infringement; severe.

(l) The deterioration of any element of the railway infrastructure directly related to the management, orientation and safety of the circulation or the intentional modification of its characteristics or situation, where such behaviour does not constitute a very serious infringement.

m) The destruction, deterioration, alteration or modification of any work or installation of the railway or the functional elements thereof, where such behaviour does not constitute a very serious infringement.

n) The launch or deposit of objects at any point on the track and its surrounding areas and facilities attached to or at the passing of trains and, in general, any act which may pose a serious danger to the safety of transport, its users, means or facilities of all types.

or) The commission, within one year, of two or more minor infractions.

p) The conduct set out in the previous article when the circumstances in your commission do not disturb the safety of persons, property or rail traffic.

Article 90. Minor infractions.

1. They constitute minor infringements of any violations of the rules contained in this Law which, not being classified as very serious or serious infringements, affect the system of obligations of entities carrying out railway or railway activities. users, in the form that is determined to be regulated.

2. In any case, the following behaviour of rail transport users is considered to be a minor offence:

a) Access the train or leave it out of the established stops or be on the move.

(b) Hindering or forcing the opening or closing mechanisms of the doors of train cars or of those which are solely for the use of railway undertaking personnel.

c) Use, without justified cause, any of the train stopping, safety or relief mechanisms.

(d) Enter the driving cabs of trains, locomotives or other places where the traction material is located, or access facilities reserved for the exclusive use of the authorised persons.

e) Travel in places other than those enabled for users.

f) Smoking in places other than those enabled for that purpose, in cars and premises.

g) Perform actions that involve danger to the physical integrity of the other users or that result in the deterioration of the material of the vehicles or the stations.

(h) The conduct referred to in paragraphs (a) to (o) of the preceding article, where the circumstances in the commission do not disturb the safety of persons, property or railway traffic.

Article 91. Penalties.

1. The offences listed in the preceding articles shall be sanctioned:

a) The very serious with a fine of 30,001 up to 300,000 euros.

b) The severe ones with a fine of 6,001 up to 30,000 euros.

c) Mild with a fine of up to 6,000 euros.

2. Where, as a result of the infringement, a quantifiable benefit is obtained, the fine may be increased to three times the profit obtained.

3. The commission of a very serious infringement may be subject to the revocation or suspension of the administrative licence and the consequent temporary disqualification for the exercise of the activity for a maximum period of one year, and, where appropriate, the sealing of the machinery and rolling stock with which the infringing activity has been carried out. The imposition, by final decision, of a new penalty for the commission of a very serious infringement within 12 months of the date of the initial one, will lead to the revocation of the railway undertaking's licence. In the case of such a period of time, no account shall be taken of periods in which the activity has not been possible for the temporary withdrawal of the licence.

4. The imposition of sanctions shall be recorded in the corresponding Special Register of Railway Companies in charge of the Ministry of Public Works. Once five years have elapsed since the sanction has been implemented, the registration will be cancelled, of its own motion.

5. The Ministry of Public Works shall communicate to the European Commission and the competent authorities of the other Member States of the European Union which have granted a licence or other enabling title to a company operating in Spain, any decision sanctioning that affects you and involves a restriction of your activity.

Article 92. Specific infringements and penalties for movement and driving.

1. Failure to comply, by movement or driving staff, of the regulatory regulations on professional qualification and traffic safety shall be of an administrative infringement.

2. The infringements referred to in the following paragraph shall be considered to be very serious, where there are circumstances of danger to the safety of rail traffic or put at risk persons or goods. In addition, the driving of machines shall be very serious, without having to have the regulatory titration required for this purpose.

3. Serious infringements are considered to be the driving of machines in a negligent or reckless manner, the ingestion of alcoholic beverages, with higher rates than those regulated by regulation or of narcotic drugs, psychotropic or any other the substance of similar effects, which disturbs or decreases the psycho-physical faculties of the movement or driving staff, the failure to provide relief in the event of need or accident and the driving and running of machines which do not comply with the conditions (a) technical and security measures laid down in this law and in the implementing rules or exceeding maximum driving times to be regulated.

4. Minor infringements shall be considered to be those which do not expressly qualify as serious or serious.

5. Very serious breaches will be sanctioned with fines of up to € 15,000. The serious ones, with fines of up to 6,000 euros and the mild ones, with fines of up to 3,000 euros. In the case of very serious or serious infringements, it may also be imposed as a sanction for the revocation of the licence or permit for the driving of rail transport vehicles.

6. The payment of the fines shall be jointly and severally liable to the railway undertaking in which the staff is provided, without prejudice to the possibility of repeating the fines.

Article 93. Graduation of sanctions.

The amount of penalties to be imposed will be graded according to the following factors:

(a) The social impact of the infringement and the danger to people's lives and health, the safety of things and the environment.

b) The importance of damage or deterioration caused, if any.

c) The intentionality in the commission of the infringement.

d) The degree of participation of the sanctioned and the benefit for the obtained.

e) The commission, in the period of the twelve months preceding the act of infringement, of another infringement of the same nature, where it has been declared by a firm resolution on the administrative basis.

f) The circumstance of having proceeded the infringer, on its own initiative, to remedy the pernicious effects of the infringement.

Article 94. Periodic penalty payments.

Regardless of the appropriate penalties, the competent authority may impose periodic penalty payments when the offending conduct continues and the requirement to cease the infringement is not taken into account, repeating each period of time. that is sufficient to comply with the order. The periodic penalty payments shall not exceed 10% of the penalty set for the offence committed.

Article 95. Jurisdiction for the imposition of sanctions.

It will be up to the imposition of the sanctions for minor infractions to the Government Delegates in the Autonomous Communities and for serious infractions to the Secretary of State for Infrastructures of the Ministry of Public Works. The sanctions for very serious infringements will be imposed by the Minister of Public Works.

Article 96. Sanctioning procedure and provisional measures.

1. Without prejudice to the provisions of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure and its implementing rules, the sanctioning procedure shall always be initiated by the delegations of Government in the autonomous communities, either on its own initiative or as a result of higher order, reasoned request from other bodies or denunciation.

The complaint must express the identity of the person or persons who present them, the account of the facts that may constitute an infringement and the date of their commission and, where possible, the identification of the alleged offenders.

2. Prior to the initiation of the sanctioning procedure, prior action may be taken in order to determine whether circumstances justifying such initiation are present. In particular, these actions shall be aimed at establishing, as accurately as possible, the facts which may be used to encourage the opening of the procedure, the person or persons who may be responsible and the relevant circumstances. are in each other.

3. Once the initiation of the sanctioning procedure has been agreed, the alleged or alleged offenders will be notified, who will have a period of 15 days, from the date of the notification, in order to provide any allegations, documents or information they deem to be It is appropriate and, where appropriate, to propose proof by means of which they intend to avail themselves. In receipt of the allegations or after the deadline for this, the Delegation of Government to the Autonomous Community may agree to open a trial period.

4. The motion for a resolution shall be notified to the parties concerned, giving them a period of 15 days, from the notification, to make representations and to present the documents and information they deem relevant to the Government Delegate in the the autonomous community who, in the light of them, shall, in accordance with the provisions of Article 95, decide or, where appropriate, transmit the action to the body responsible for the imposition of the appropriate sanction, together with all the documents, and information in cars.

5. Before a decision is taken, the body responsible for resolving the matter may decide, by reasoned agreement, to carry out the necessary additional measures to resolve the procedure which must, in any event, be taken within a period of time. more than 15 days. The deadline for resolving the procedure will be suspended until the end of the procedure.

6. Within 10 days of receipt of the motion for a resolution and the documents, arguments and information obtained in the proceedings, the body responsible for resolving the reasoned decision shall be notified to the interested.

If, after six months after the initiation of the sanctioning procedure, the parties concerned have not been notified of the termination of the procedure, their expiry shall be produced. In such a case, the body responsible for resolving shall issue, at the request of the person concerned, a certificate stating that the procedure has expired and that the proceedings have been filed.

Resolutions that end the administrative path will be immediately enforceable.

7. Prior to the initiation of the sanctioning procedure, the competent authority may, on its own initiative or at the request of a party, take the appropriate measures, in cases of urgency and for the provisional protection of the interests involved. These must be confirmed, modified or left without effect by means of the initiation agreement of the said procedure, which must be carried out within 15 days of its adoption and which may be the subject of the appropriate action.

8. Furthermore, the competent authority to impose the penalty may, on its own initiative or at the request of a party, take the provisional measures which it considers appropriate to ensure the effectiveness of the decision which the competent authority is required to impose. The Court of the Court of the Court of the European Court of the European Court

the European Communities

However, when required for reasons of urgent urgency, the competence for the adoption of the necessary interim measures shall be the responsibility of the Government Delegates in the Autonomous Communities.

9. In any event, the provisional measures shall be without effect if the procedure is not initiated within the prescribed period or when the initiation agreement does not contain an express statement of the same.

10. Measures of a provisional nature, which must be proportionate in terms of their intensity and conditions to the objectives to be guaranteed, may consist of the temporary suspension of activities and the provision of bonds at the end of the period. (a) temporary infrastructure affected, in the withdrawal of rolling stock or in the temporary suspension of services for reasons of health, hygiene or safety.

In any event, provisional measures may be taken which may cause injury to the parties concerned, which may be difficult or impossible, or which involve violation of rights under this law.

11. The provisional measures may be left without effect or modified during the processing of the sanctioning procedure, either on their own initiative or at the request of a party, under circumstances which have been overcome or which could not be taken into account at the moment. of its adoption.

In any case, they will be extinguished with the effectiveness of the resolution ending the sanctioning procedure.

Article 97. Prescription.

1. The infringements covered by this law will be prescribed, the very serious at three years, the serious ones, at two years, and the mild ones, at six months.

The limitation period for infringements shall begin to be taken into account from the day on which they were committed. The prescription of initiation, with the knowledge of the person concerned, of the sanctioning procedure shall be interrupted.

The limitation period will be returned if the sanctioning file has been paralyzed for more than one month, for cause not attributable to the alleged person responsible.

2. Penalties imposed for very serious offences shall be imposed at three years, those imposed for serious misconduct, at two years and those imposed for minor offences, per year.

The limitation period for the penalties will begin to be computed from the day following the one in which the decision imposing the sanction is final. The limitation period shall be interrupted by the initiation, with the knowledge of the person concerned, of the execution procedure, the time limit being returned if the person is paralyzed for more than one month for reasons not attributable to the infringer.

Additional disposition first. Assumption of the role of management of railway infrastructure.

1. The business public entity RENFE becomes known as the Railway Infrastructure Manager and assumes the functions assigned to the railway infrastructure manager in this law.

2. The staff who, at the time of entry into force of this law, provide their services to the business public entity RENFE shall be kept in the template of the business public entity Administrator of Railway Infrastructures, except for linked to the provision of the rail transport service and the one that is necessary for the implementation and operation of the business public entity RENFE-Operator referred to in the third provision, which shall be integrated into the is in accordance with the order of the Minister for Public Works and after hearing of the representatives of the workers of the former.

According to the provisions of Article 44 of the recast text of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, it will be understood that there is a succession of companies between the public entity Railway Infrastructure Manager and the business public entity Railway Infrastructure Manager. To this end, the workers of the business public entity Railway Infrastructure Manager will be integrated into the company's public enterprise Railway Infrastructure Manager.

3. The Ministry of Public Works will ensure, in particular, that it complies with the provisions of the previous paragraph, promoting the dialogue between the entities and groups affected by its implementation.

It will also protect the respect of the working conditions of the staff of the entity as long as they are not replaced by the corresponding collective bargaining.

4. By order of the Minister of Public Works, it shall be determined that movable and immovable property from which up to the date of entry into force of this law have belonged or been attached to the business public entity RENFE are necessary for the benefit of the rail transport service. These assets shall belong to the business public entity RENFE-Operadora. The remaining will be retained in the estate of the business public entity Railway Infrastructure Manager.

Are considered, in any case, of ownership of the Railway Infrastructure Manager:

(a) The goods and rights which, at the date of entry into force of this law, are the property of the business public entity Manager of Railway Infrastructure or which are attached to it.

(b) The goods and rights which, at the date of entry into force of this law, are the property of RENFE, except those which the Ministry of Public Works, by order, determines as necessary for the provision of the transport service rail.

c) The assets and property rights of state ownership that, on the date of entry into force of this law, are attached to RENFE except those that the Ministry of Development determines, by order, as necessary for the provision of the rail transport service.

d) All public domain or heritage property that configures the so-called Madrid-Seville high-speed line.

e) All stations, terminals and other real estate that are permanently necessary for the provision of the services that constitute their activity.

Notwithstanding the above, the lines that, until the date of entry into force of this law, are being administered by the National Network of the Spanish Railways, will cease to belong or be attached to this and they will be integrated into the patrimony of the State, with the exception of the so-called high-speed line Madrid-Seville that will become of ownership of the Administrator of Railway Infrastructures.

Additional provision second. Extinction of the business public entity Railway Infrastructure Manager.

1. The business public entity Railway Infrastructure Manager is extinguished. The business public entity Administrator of Railway Infrastructures shall be subrogated in all the rights and obligations of that entity and shall be the holder of all the goods of public domain or property that at the date of entry into force of this the law has attached to or belongs to the business public entity Railway Infrastructure Manager.

2. Officials assigned to the business public entity Railway Infrastructure Manager that are affected by the extinction of this entity may choose, during the period that they regulate, to be integrated into the template of the work staff of the business public entity Administrator of Railway Infrastructures, with recognition of the age that corresponds to them and staying in their bodies or scales of origin in the situation of voluntary surplus planned Article 29 (3) (a) of Law 30/1984 of 2 August of Measures for the Reform of the Public function, or to access positions that may correspond to them, in accordance with the regulatory regulations of the Civil Service.

Additional provision third. Creation of the business public entity RENFE-Operator.

1. The business public entity RENFEOperadora is created, as a public body of those provided for in Article 43.1.b) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. RENFE-Operadora has its own legal personality, full capacity to act and its own patrimony, and is attached to the Ministry of Public Works. The Council of Ministers, by means of a royal decree, at the initiative of the Ministry of Public Works and on a joint proposal of the Ministries of Public and Finance Administrations, will approve the Statute of the business public entity RENFE-Operadora.

2. The object of the entity RENFE-Operator is the provision of rail transport services for both freight and passenger services, which will include the maintenance of rolling stock. RENFE-Operadora may also develop as many commercial actions as are necessary or suitable for the best performance of its functions, being able to carry out any kind of administrative or disposition acts that are precise to the compliance with them, including through participation in business, companies or companies, national or foreign, subject, in any case, to the provisions of the legislation in force.

3. The business public entity RENFE-Operator shall be enabled for the provision of the rail freight service, without prejudice to the following paragraph.

RENFE-Operadora, from the entry into force of the law, shall be assigned all the necessary infrastructure capacity for the performance of the goods transport services that it is providing, at that time, the entity RENFE business public. In addition, it may directly obtain the allocation of the capacity required for the provision of new services.

The provisions of the preceding paragraph shall apply until the time when, duly approved, the declaration on the network, pursuant to Article 29, RENFE-Operator may request the necessary capacity for the provision of their services.

You will also manage the passenger rail transport service in terms of the third transitional provision.

4. Within six months of the entry into force of this law, the business public entity RENFE-Operadora shall comply with the requirements laid down in Article 45 of that law, except as set out in point 1. of that Article as regards take the form of a public limited company, and request the appropriate license.

5. RENFE-Operadora shall have, for the purpose of its purposes, its own patrimony, other than that of the General Administration of the State, consisting of the set of assets, rights and obligations of which it is a holder.

6. All movable and immovable property of RENFE that are necessary for the provision of the rail transport service or are deemed suitable to ensure its financial equilibrium are incorporated into the RENFE-Operadora estate.

7. RENFE-Operator resources will be integrated by:

(a) The ordinary and extraordinary income obtained with the exercise of their activity.

b) Financial resources from borrowing operations, the annual limit of which will be set in the respective State General Budget laws.

(c) The grants which, if any, could be included in the General Budget of the State.

(d) The grants, contributions and donations that are granted in their favour, from specific funds of the European Union, other public administrations, public authorities and private individuals.

e) Products, rents, and increases in your wealth.

f) The products and income derived from their participation in other entities.

g) Any other resource that may be required by law or attributed to it by convention or by any other legally established procedure.

8. The contracting, acquisition and disposal arrangements of the entity shall be in accordance with the rules established in private law, without prejudice to the provisions of Law 48/1998 of 30 December 1998 on procurement procedures in the water, energy, transport and telecommunications sectors.

9. The basic organisational structure of RENFE-Operadora, its senior management bodies and the functions thereof, shall be regulated in the relevant Staff Regulations. The staff of RENFE-Operadora shall be governed by the rules of employment law applicable to it.

10. The entity RENFE-Operadora may create, within its bosom, public limited companies whose social object coincides, in whole or in part, with the functions of their business units or corporate areas. In such a case, the business unit or the relevant operational area shall disappear or be modified accordingly.

11. The RENFE-Operadora staff regime shall be in accordance with the own regime of state commercial companies.

12. The business public entity RENFE-Operadora shall assume the debt that the Spanish National Network of the Spanish Railways would have incurred on the occasion of the acquisition, maintenance and operation of the rolling stock and any other services related to this.

The amount and detail of the debt referred to in the previous paragraph will be quantified by the Ministry of Public Works and will be submitted to the financial control report of the General Intervention of the State Administration, previously to their determination by order of the said Ministry.

13. The budgetary regime, the financial economic system, the accounting system, the intervention and the financial control system of the business public entity RENFE-Operadora, shall be determined in their Statute in accordance with the provisions of the recast text of the General Budget Law, approved by Royal Decree-Law No 1091/1988 of 23 September.

14. For the purposes of Article 44 of the recast text of the Workers ' Statute, approved by Royal Decree-Legislative 1/1995 of 24 March, it will be understood that there is a succession of companies between the public company Red Nacional of the Spanish Railways and the business public entity RENFE-Operadora. The employees of the Spanish National Network of the Spanish Railways will be integrated into the business public entity RENFE-Operadora according to the activities and services provided by the company. business public entity RENFE-Operator, as set out in this law.

15. The Ministry of Public Works will ensure, in particular, that it complies with the provisions of the previous paragraph, promoting the dialogue between the entities and groups affected by its implementation.

It will also protect the respect of the working conditions of the staff of the entity as long as they are not replaced by the corresponding collective bargaining.

Additional provision fourth. Tax exemptions.

1. The acts of patrimonial mutation, affectation, attachment and attribution of administration, as well as those relating to the financial consolidation of RENFE, which are the subject of this law, shall apply to them the tax arrangements provided for in Articles 98 to 109, both including Chapter VIII of Title VIII of Law 43/1995 of 27 December 1995 on the Tax of Societies.

2. The system applicable to the Railway Infrastructure Manager in respect of the Tax on Proprietary Transmissions and Legal Acts Documented, as to all its modalities, shall be as provided for in Article 45.I. (a) (a) of the text recast of the Law on the Tax of Heritage and Documented Legal Acts, approved by the Royal Decree-Legislative 1/1993, of 24 September.

3. The duties that Notaries and Registrars must receive on the occasion of their intervention in how many operations of patrimonial reordering are necessary to carry out the duties are reduced by 95 percent to implement the provisions of this law.

Additional provision fifth. Exclusions.

There is no regulation under this law for modes of transport using cable or cables, tractors and carriers and which do not have a fixed road.

These modes of transport will be governed by their specific regulations.

Additional provision sixth. Enabling the personnel and approval of the RENFE operating rolling stock.

It is understood that the qualified railway staff who, at the entry into force of this law, exercise their functions in RENFE-Operator is enabled for the performance of the same and that the rolling stock with which it counts entity, is approved.

However, within a period of two years from the same date, such staff shall be entitled and the said rolling stock approved in the form laid down in the orders issued by the Ministry of Public Works, as provided for in Articles 58 and 60 of this Act.

Additional provision seventh. Destination of the state owned real estate corresponding to the closed and abandoned railway lines.

They will be integrated, as property assets, in the assets of the business public entity Administrator of Railway Infrastructures all the real estate of state ownership corresponding to the lines of closed or abandoned railway. The business public entity Administrator of Railway Infrastructures is subrogated in all the rights and obligations that correspond to the Ministry of Public Works, in accordance with the provisions of Article 24 of this Law.

Additional disposition octave. Interconnection and interoperability of networks and intermodality of services.

The competent authorities of the State Administration and the railway companies will have to comply with the requirements necessary to ensure that in the projection, construction, commissioning, rehabilitation, the renewal, operation and maintenance of the elements integrating the trans-European rail system, linked to the General Interest Rail Network and the rolling stock that circulates on it, ensures its interoperability and intermodality. By royal decree these technical requirements will be determined and the means will be established to make possible the interconnection and interoperability of the networks and the intermodality of the railway services.

Additional provision ninth. Lines that are part of the General Interest Rail Network.

1. The General Interest Railway Network shall be composed, at the time of entry into force of this law, of all railway infrastructure which at that date is being administered by RENFE or whose administration has been entrusted to the Railway Infrastructure or exercise the corresponding Port Authority in the Ports of General Interest.

Likewise and in accordance with the provisions of the transitional provision sixth, the metric wide network of State ownership and managed by FEVE, will integrate the General Interest Rail Network.

The Ministry of Public Works, in accordance with Article 4.2, may make the concrete determination of the railway lines that make up the General Interest Railway Network.

2. The lines effectively closed to traffic as a result of the Council of Ministers ' Agreement of 30 September 1984 are not part of the Railway Network of General Interest.

First transient disposition. Timetable for the opening of the market for rail services for international freight transport.

Without prejudice to the application to the national transport of goods, from the entry into force of this law, of the rules contained therein, the free access to the Railway Network of General Interest by any railway undertaking which provide international freight services, shall be produced in accordance with the following timetable:

A) Since the entry into force of this law, the international transport of goods provided on the so-called Trans-European Rail Freight Network. At the order of the Ministry of Public Works, the composition of the General Interest Railway Network that forms part of the Trans-European Rail Freight Network will be determined.

B) Before 1 January 2006, the international transport of goods on the General Interest Rail Network is enabled for this purpose. The concrete determination of the date of opening of the market for this type of transport will be established, by royal decree, the government.

Second transient disposition. Application of the provisions laid down in this law to entities in other States of the European Union.

They will be able to obtain, under this law, infrastructure capacity allocation, the national candidates from other European Union countries who wish to provide rail transport services in Spain, as soon as those liberalize their delivery.

In any case, the provisions of this law will apply to those candidates on the date of expiry of the deadline for the Member States of the European Union to liberalise, in accordance with the directives community, each type of service.

International business groups participating in railway undertakings established in Spain are entitled to access to the General Interest Rail Network to provide international transport services rail between Member States in which the undertakings belonging to those groups are established. They shall also have the right of transit on the General Interest Railway Network and for the purposes indicated, international groupings,

participate or not in them, railway companies established in Spain.

The right of access to the Railway Network of General Interest to railway undertakings providing combined international freight services is also recognised.

Transitional provision third. Management of rail passenger transport.

Chapters II and III of Title IV of this Law shall not apply to rail passenger transport until such time as the European Union does not establish a market opening regime for this type of transport. Until then, RENFE-Operadora will have the right to exploit the passenger transport services that are provided on the Railway Network of General Interest, in the form established in Law 16/1987, of 30 July, of the Transport Terrestrial, and in your development regulations as soon as you do not object to the rest of the content of this law.

Once the system of opening the market for rail passenger transport is imposed, in accordance with the provisions of the previous paragraph, RENFE-Operadora shall retain the right to exploit the network capacity which it then effectively use and may request that another network capacity be assigned to it, as provided for in this law.

Transitional disposition fourth. Contract-program between the State and RENFE-Operator.

1. The basic guidelines for the performance of RENFEOperadora, its investment levels and the commitments necessary to achieve its aims and objectives, will be concretized in a contract-program to celebrate between that and the General Administration of the State. At the time when Chapter II of Title IV of that provision is applied under the previous transitional provision, no new contract-programme may be concluded.

2. The grants and compensation that RENFE-Operadora has to receive from the State for the provision of loss-making rail transport services shall be in accordance with the provisions of the contract-programme which, between the two, is concluded.

3. The General Intervention of the State Administration shall issue a financial control report on the degree of implementation of the economic forecasts of the contract-programme, in which its technical opinion on the liquidation of the contributions to be made by the State.

Transient disposition fifth. Regime applicable to Spanish Railways of Via Estrecha (FEVE).

According to the additional provision novena, the Network of State-owned and operated by FEVE integrates the Network of General Interest. However, the content of Chapters I and II, except Section 2.a of Title VI of Law 16/1987 of 30 July, on the Management of Land Transport as long as it is not given, in the development of this law, shall apply to it. specific to the establishment of its legal system. To the extent that the provisions of the Law on the Management of Land Transports are referred to others in the law itself, the referral must be understood to be in accordance with the rules governing the same subject in this law.

Without prejudice to the foregoing, the scheme provided for in this Act shall be applied immediately to the Network and to FEVE in respect of the limitations on property and the sanctioning regime.

Transitional disposition sixth. Applicable law on security matters.

As long as the forecasts contained in this law regarding the safety requirements in the construction and operation of infrastructures and the railway traffic are not developed, the provisions will govern the provisions currently applicable. The new rules should at least maintain the current levels of security.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank to this law are repealed, they shall be contrary to the provisions of this law, and in particular Section 2. of Chapter II and Chapters III, IV and V of Title VI of Law 16/1987 of 30 July, Article 74 of Law No 42/1994 of 30 December 1994 on tax, administrative and social measures, Articles 160 and 161 of Law No 13/1996 of 30 December 1996 on tax, administrative and administrative measures and of the social order, Article 104 of Law 66/1997, of 30 December, of fiscal, administrative measures and of the social order.

Final disposition first. Regulatory enablement.

1. Without prejudice to the powers conferred by this law to the Ministry of Public Works, the Government is empowered to dictate how many provisions are necessary for the development and enforcement of the provisions of this law.

2. In the elaboration of any norms of development of this law will be heard the representative entities of the field and the users, integrated in the National Council of Land Transports, as well as they will be submitted to the opinion of the Economic Council and Social, those normative developments of particular relevance in their consultative field, replacing the referred proceedings to the hearing, referred to in article 24.1.c of Law 50/1997, of 27 November, of the Government.

Final disposition second. Competing titles that match the law.

This law is dictated by the provisions of Article 149.1.1., 13. ª, 14. ª, 21. and 24. of the Constitution.

Final disposition third. Entry into force of the law.

1. This law shall enter into force within six months of its publication in the Official Gazette of the State.

Within that period, the Government will approve the Statutes of the public entities of the Business Infrastructure Manager and RENFE-Operadora.

2. However, the provisions of the law which provide for enabling the Government or the Ministry of Public Works to issue regulations or implementing provisions shall be fully effective from the day following the publication of the law.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 17 November 2003.

JOHN CARLOS R.

The President of the Acting Government,

RODRIGO DE RATO Y FIGAREDO

ANNEX

Award: Grant, by the railway infrastructure manager, of the right to use railway infrastructure capacity.

International business group: any association of at least two railway undertakings established in different Member States of the European Union in order to provide international transport services between Member States.

Apartadero: railway infrastructure of public or private ownership, consisting of an installation of tracks for loading, unloading and parking of wagons with a link to a line by one or more full-track needles, which serves to complement the General Interest Rail Network.

Candidate: the licensed railway undertaking or an international grouping of railway undertakings.

Also, other legal persons may be candidates, who without having the status of railway companies, are interested in the operation of the service, such as the transport agencies, the shippers and the operators of combined transport.

Infrastructure capacity: the ability to program the requested rail slots for a segment of the infrastructure over a given period.

Coordination: The procedure by which the contracting authority and the candidates attempt to resolve conflict situations of infrastructure capacity requests.

Statement on the network: the declaration detailing the general rules, deadlines, procedures and criteria relating to the charging and capacity allocation systems. It also contains any other information that might be required to make an infrastructure capacity request.

Railway undertaking: that entity whose principal activity is to provide services for the carriage of goods or passengers by rail, which must be the undertaking, in any case, which provides traction. The concept is also included in the concept of the companies which exclusively provide traction.

Explanation: the strip of land in which the natural topography of the soil has been modified and on which the railway line is constructed, its functional elements are arranged and its facilities are located.

Time zone: the infrastructure capacity required for a train to circulate between two points, at any given time.

Managed infrastructure: the infrastructure stretch for which the demand for infrastructure capacity cannot be fully addressed during certain periods, not even after coordination of the different requests capacity.

License: an authorisation granted by a State to a company which is recognised as a railway undertaking, a condition which may be limited to the provision of certain types of transport services.

Line: part of the railway infrastructure which links two points and which is composed of the following elements: road platforms, superstructures, such as rails and counter-rails, mischievous and fastening material, civil works, such as bridges, overpasses and tunnels, and security, signalling and telecommunication facilities for the track and elements that allow lighting. They are not considered to be included in the concept of line, stations and terminals or other buildings or facilities for the attention of the traveller.

Capacity increase plan: The measure or set of measures, accompanied by an implementation schedule, proposals to mitigate capacity constraints that have motivated the rating of a tranche as an infrastructure congested.

Contingency plan: is the one prepared by the railway infrastructure manager that contains the relationship of the Administrations, the agencies and the public bodies that must be informed in case of incident major or serious disturbance in rail traffic.

International freight service:

any transport service in which the train crosses, at least, a border of a Member State. The train can be composed or divided, or both, and the different sections have different origins and destinations, provided all the wagons cross, at least, a border.

Additional services: additional services, access from the track to existing maintenance, repair and supply facilities in the General Interest Railway Network, in particular to:

a) Fuel sourcing.

b) Electrification for traction, when available.

c) Train training.

d) Maintenance and other technical installations.

e) The load terminals.

The railway infrastructure manager will only be able to reject the demands of railway undertakings if there are viable alternatives in market conditions.

Supplementary services: these are complementary services, those which the railway infrastructure manager can offer to railway undertakings, the latter being obliged to provide them to those who request it. Such services can understand:

a) The traction current.

b) Preheating of passenger trains.

c) The supply of fuel, manoeuvring service and any other supplies provided in the facilities of the access services.

(d) Specific to the control of the transport of dangerous goods and for the assistance to the movement of special convoys.

ancillary services: are ancillary services, which railway undertakings may request from the railway infrastructure manager or other providers.

However, in this case, the railway infrastructure manager will not be obliged to lend them.

These services include:

a) Access to the telecommunication network.

b) The provision of supplemental information.

c) Technical inspection of rolling stock.